Attached is our newest Martine Law Training Update, titled: “JUDICIAL & LEGAL WRITING: The Number One Rule for Improvement = CUTTING.”
There are many books and articles dedicated to improving legal writing. Unfortunately, in many of these materials, you need an English degree to understand anything past the first paragraph. There is, however, a simple way to dramatically improve any style of legal writing that has nothing to do with dangling participles or misuse of pronouns, etc. Cutting unnecessary words is key to improving your writing.
Judges, attorneys, and other legal practitioners say the same thing about written legal submissions: they are too long. Most “legal writing” resources respond with lectures on grammar, style guides, and terminology that nobody has time to wade through. This Training Update takes a different approach. It focuses on one simple rule that will immediately improve every brief, motion, and email you write: cut unnecessary words.
Drawing on my experience reading thousands of briefs, motions, and emails from attorneys, I walk through concrete, before-and-after examples showing how to turn a bloated paragraph into something short, clear, and persuasive. The Update then breaks legal writing down into three practical levels—the sentence, the paragraph, and the final product—and gives you specific, easy-to-use techniques for each.
If you want your next submission to be easier for a judge to read, understand, and rule on, I encourage you to take a few minutes to read the full Training Update and share it with your colleagues and staff. A modest investment of time now will pay off in every brief you file going forward.
Martine Law Training Updates will continue to focus on key areas of litigation, including Criminal and Family Law, Evidence and Procedure, and Trial Advocacy. With a subscriber base of nearly 4,000 attorneys, judges, and legal professionals, these updates reflect our firm’s commitment to the belief that Legal Education is the Heart of the Judiciary.
Warm regards, Alan F. Pendleton Of Counsel, Martine Law Firm Director of Mentorship and Education Former District Court Judge
Attached is our newest Martine Law Training Update, titled: “Prosecutorial Misconduct: 15 Categories Every Attorney and Judge Should Recognize and Avoid”
This is one of the most comprehensive training updates I have produced to date. At 23 pages, it is designed not only as an informative resource but also as a statewide training tool for prosecutors, defense attorneys, and judges.
Although this update is titled Prosecutorial Misconduct, the focus is not on labels but on impact. Whether the conduct is characterized as error or misconduct matters less than the effect, because either, when serious enough, can deprive a defendant of a fair trial. Misconduct implies a deliberate or reckless violation; error may reflect an honest mistake. But both threaten the same outcome: injustice.
For that reason, this update does not attempt to parse whether a particular instance should be labeled “misconduct” or “error.” That distinction is best left to the appellate courts. Our focus here is practical: identifying improper prosecutorial conduct in all its forms so trial attorneys can recognize it, object to it, and preserve the issue for review.
The deeper concern, and the reason this update was created, is that these problems are not new. For decades, the Minnesota Supreme Court has made clear that prosecutors are not simply advocates seeking victory, but officers of justice with a duty to safeguard fairness—even when doing so weakens the State’s case. As the Court has long reminded us: “The prosecutor’s interest in a criminal prosecution is not that it shall win a case, but that justice shall be done.”
Despite this clear guidance, the same forms of misconduct continue to appear in trial records with troubling frequency. The problem is not a lack of clarity in the law—the rules are well-established—but a repeating generational pattern. Each new wave of prosecutors, eager to prove themselves in court, repeats the same mistakes made by those before them. The result is a predictable cycle: misconduct occurs, defense counsel objects, trial courts rule, and appellate courts issue yet another opinion restating principles that have been settled for decades. Most of these opinions today are nonprecedential, not because the law is unsettled, but because the errors are the same ones we have seen for generations.
This update is designed to help break that cycle. It sets out the 15 most common categories of prosecutorial misconduct seen in Minnesota courts, illustrated with leading cases, examples, and practice points. Together, these categories form a shared framework for all trial participants—prosecutors, defense attorneys, and judges—to recognize misconduct when it occurs, understand its significance, and take corrective action in real-time.
a) Prosecutors can use this update as an internal training tool to ensure advocacy remains effective while still within ethical boundaries.
b)Defense attorneys can use it to recognize misconduct as it occurs, object promptly, and preserve a clean record for appeal.
c) Judges can use it to guide intervention, remembering that the Minnesota Supreme Court has made clear that trial courts also bear responsibility for curbing misconduct—even when counsel fails to object.
The 15 Categories of Misconduct Covered in this Update:
Shifting the Burden of Proof
Injecting Issues Broader Than Guilt or Innocence
Accusing Defendant of Tailoring Testimony
Asking “Were They Lying” Questions
Eliciting Inadmissible Evidence
Misstating the Burden of Proof
Misstating the Presumption of Innocence
Expressing a Personal Opinion – Vouching
Belittling the Defense
Inflaming the Passions of the Jury
Commenting on a Defendant’s Failure to Testify
Misusing Spreigl Evidence
Speculating About Events Absent a Factual Basis
Eliciting Improper or Highly Prejudicial Testimony
Injecting Self into Proceedings: “I,” “We,” “Me”
Importantly, these ethical limits do not require prosecutors to be bland, formulaic, or restrained in their passion. Minnesota courts have repeatedly affirmed that vigorous advocacy is entirely proper—so long as it remains grounded in admissible evidence and accurate law.
I encourage you to read and share this update with your colleagues. Whether you are a prosecutor, defense attorney, or judge, this resource is designed to promote more effective advocacy, fewer repeated mistakes, and a stronger commitment to justice and fairness in every courtroom.
Special Thanks to Martine Law attorneys Luke McClure, Tyler Martin, Abbey Rostamo, and Kalen Best for generously contributing their insight and expertise to this update.
Acknowledgment: This update builds upon training materials first developed in 2005 by then–Assistant Hennepin County Attorneys Michael K. Walz, Jean E. Burdorf, and David C. Brown. Their work laid an important foundation for understanding the nature and scope of prosecutorial misconduct in Minnesota.
Martine Law Training Updates will continue to focus on key areas of litigation, including Criminal and Family Law, Evidence and Procedure, and Trial Advocacy. With a subscriber base of nearly 4,000 attorneys, judges, and legal professionals, these updates reflect our firm’s commitment to the belief that Legal Education is the Heart of the Judiciary.
Warm regards, Alan F. Pendleton Of Counsel, Martine Law Firm Director of Mentorship and Education Former District Court Judge alan@xmartinelaw.com
Dear Colleagues, in the fast-paced worlds of criminal and family law, staying current with recent legal developments, courtroom strategies, and practical tools is critical to effective advocacy. With hundreds of new attorneys, judges, and legal professionals joining our training distribution list every month, many may have missed important earlier updates.
To make access easier, this recap summarizes the last seven Martine Law Training Updates (25-2 through 25-8). Each update is available in full on the Minnesota Judicial Training and Education Website. The most recent five appear on the home page. Older updates are organized in a subject matter index, table of contents, and searchable keyword index. Please explore these resources and share them with others who may benefit.
1. Training Update 25-2 (April 27, 2025)
Title:Hearsay v. Non-Hearsay: The Fool-Proof Hearsay Test This update introduces a 3-step analytical test for determining whether an out-of-court statement is hearsay. It emphasizes starting with the correct legal question — is the statement even hearsay? — before jumping to exceptions. It also outlines the six categories of Rule 801(d) non-hearsay statements and provides practical examples. Why it matters: Avoiding hearsay errors at trial is a critical skill for litigators. This update gives attorneys a simple but powerful tool to analyze any out-of-court statement. [Click here to read Training Update 25-2]
2. Training Update 25-3 (June 4, 2025)
Title:Crawford v. Washington and the Hearsay Testimonial Rule This follow-up to Update 25-2 explains the “testimonial hearsay” rule under Crawford, Davis, and Krasky. It provides a four-part flowchart, primary purpose checklist, and sample motion to exclude testimonial hearsay. Why it matters: Criminal defense attorneys must recognize and challenge testimonial hearsay violations to protect the client’s Sixth Amendment rights and preserve issues for appeal. [Click here to read Training Update 25-3]
3. Training Update 25-4 (June 22, 2025)
Title:Marijuana Odor & Warrantless Vehicle Searches This update breaks down the Minnesota Supreme Court’s ruling in State v. Torgerson (2023), and the new statute (M.S. 626.223) clarifying that the smell of marijuana alone does not justify a vehicle search. Also included: a practical guide to the 2023 Marijuana Reform Act and the “Open Cannabis Container” law (M.S. 169A.36). Why it matters: Knowing what cannabis-related conduct is lawful vs. criminal is essential to properly challenge searches and suppress evidence. [Click here to read Training Update 25-4]
4. Training Update 25-5 (July 7, 2025)
Title:Family Law Motions – Ten Basic Rules This foundational update outlines ten core rules of family law motion practice, including service deadlines, scope of affidavits, oral testimony requests, GAL appointments, and unsworn attachments. It also highlights the new 2024 statutory requirement for expedited parenting time hearings under M.S. 518.131, Subd. 11. Why it matters: These rules are often overlooked, but failure to follow them can result in canceled hearings, denied motions, or even professional embarrassment. [Click here to read Training Update 25-5]
5. Training Update 25-6 (July 14, 2025)
Title:Dimler Amendment – Keeping Speeding Tickets Off the Driving Record This update explains the application of the “Dimler Amendment” (M.S. 171.12, Subd. 6) which prevents certain low-level speeding violations from appearing on a person’s DPS driving record. It also covers practical strategies for asking for reduced speeds and amending tickets. Why it matters: Understanding Dimler can protect clients from increased insurance rates, and gives defense attorneys negotiating leverage in traffic court. [Click here to read Training Update 25-6]
6. Training Update 25-7 (July 21, 2025)
Title:Alford Pleas: A Three-Step Guide for Making a Valid Record This update provides a complete procedural guide and sample script for accepting an Alford plea, including key questions to ask and how to make an appeal-proof record under State v. Theis and Goulette. Why it matters: Improperly accepted Alford pleas can be reversed on appeal. This update ensures both prosecutors and defense attorneys make a clean, defensible record. [Click here to read Training Update 25-7]
7. Training Update 25-8 (July 28, 2025)
Title:The Power of Gratitude: Transforming the Lives and Practices of Attorneys and Judges Departing from the usual legal topics, this update addresses the mental health crisis in the legal profession and introduces gratitude as a science-backed practice to build resilience, reduce burnout, and foster better professional relationships. Why it matters: Lawyers and judges in high-conflict fields like family and criminal law face extreme stress. This update provides a vital tool for long-term sustainability in the profession. [Click here to read Training Update 25-8]
Want to search for past topics? Use the search bar, the Table of Contents, or the Subject Matter Index. New to our list? Welcome aboard — and thank you for your commitment to excellence in legal practice.
If you find this recap update helpful, please consider forwarding it to colleagues or staff who may benefit from it. And if you haven’t already, visit the Minnesota Judicial Training and Education Website to subscribe and receive future updates directly.
Special thanks to the Martine Law attorneys and Paralegals who generously contributed their insight and expertise to all past training updates.
Martine Law Training Updates will continue to focus on key areas of litigation, including Criminal and Family Law, Evidence and Procedure, and Trial Advocacy. With a subscriber base approaching 4000 attorneys, judges, and legal professionals, these updates reflect our firm’s commitment to the belief that legal education is the soul of the judiciary.
Warm regards, Alan F. Pendleton Of Counsel, Martine Law Firm Director of Mentorship and Education Former District Court Judge
In the high-stakes world of legal practice, mental health challenges are more than just common — they’re statistically alarming. But emerging neuroscience shows that one simple mindset shift can make a measurable difference.
This Training Update explores The Power of Gratitude — not as a soft sentiment, but as a science-backed, data-driven strategy to boost well-being, reduce stress, and rewire the brain for resilience and focus. For attorneys and judges navigating high-conflict environments, gratitude may be the most underutilized legal tool in your arsenal.
What better way to begin 2026 than by exploring how a small daily practice can lead to sustainable personal and professional transformation?
If you find this update helpful, please consider forwarding it to colleagues or staff who may benefit. And if you haven’t already, visit the Minnesota Judicial Training and Education Website to subscribe and receive future updates directly.
Special thanks to Martine Law Paralegals Autumn Amick and Brian Louis for generously contributing their insight and expertise to this update.
Martine Law Training Updates will continue to focus on key areas of litigation, including Criminal and Family Law, Evidence and Procedure, and Trial Advocacy. With a subscriber base exceeding 3,500 attorneys, judges, and legal professionals, these updates reflect our firm’s commitment to the belief that legal education is the soul of the judiciary.
Warm regards, Alan F. Pendleton Of Counsel, Martine Law Firm Director of Mentorship and Education Former District Court Judge alan@xmartinelaw.com
Attached is my latest Martine Law Training Update, focused on a topic that continues to trip up even experienced attorneys and judges: the Alford plea.
Most of us rarely encounter these pleas—and that’s precisely when mistakes happen. A sloppy record can easily lead to reversal on appeal. This update does more than educate. It provides a clear, 3-step process that doubles as an in-court script to ensure that every Alford plea is entered properly, thoroughly, and—with confidence—appeal-proof.
Whether you’re a trial judge or trial attorney, this update gives you everything you need to handle an Alford plea correctly the next time it appears on your calendar.
As always, please feel free to forward this update to colleagues who may benefit from it. Thank you for continuing to make legal education part of your practice.
Special thanks to Martine Law attorneys Luke McClure and Kalen Best for generously contributing their insight and expertise to this update.
NOTE: This training update is also available on the Minnesota Judicial Training and Education Website. While visiting, you can subscribe to receive notifications of new updates. Please share this training update with colleagues, clerks, or anyone who would benefit from staying current on Minnesota law and litigation strategy.
Martine Law Training Updates will continue to focus on key areas of litigation, including Criminal and Family Law, Evidence and Procedure, and Trial Advocacy. With a subscriber base exceeding 3,500 attorneys, judges, and legal professionals, these updates reflect our commitment to the belief that legal education is the soul of the judiciary.
Warm regards, Alan F. Pendleton Of Counsel, Martine Law Firm Director of Mentorship and Education Former District Court Judge
Most attorneys know that even a single speeding ticket can spike insurance premiums, jeopardize a commercial license, or contribute to a driver’s license suspension depending on the individual’s past driving history. But few attorneys—and even fewer clients—know that a little-known Minnesota statute, the “Dimler Amendment,” can prevent many minor speeding convictions from ever appearing on a driver’s official record.
In this Training Update, we take a deep dive into M.S. 171.12, subd. 6, which quietly shields certain low-level speeding violations in 55 and 60 mph zones from being reported on a person’s Department of Public Safety (DPS) driving record. When used correctly, it can protect your clients’ insurance rates, help avoid license sanctions, and preserve clean records for job or court purposes.
This is a practical tool every criminal and family law attorney should have in their legal toolkit. Whether you’re negotiating a minor traffic ticket for a client, helping a friend or family member, or even dealing with your own citation—knowledge of the Dimler Amendment is power.
This update explains:
Which violations qualify and which don’t;
How and when to ask for a speed reduction;
What role judges, prosecutors, and officers each play;
What to do if you’re charged with a non-speeding infraction.
Special thanks to Martine Law attorneys Tyler Martin and Abbey Rostamo for generously contributing their insight and expertise to this update.
NOTE: This training update is also available on the Minnesota Judicial Training and Education Website. While visiting, you can subscribe to receive notifications of new updates. Please share this training update with colleagues, clerks, or anyone who would benefit from staying current on Minnesota law and litigation strategy.
Martine Law Training Updates will continue to focus on key areas of litigation, including Criminal and Family Law, Evidence and Procedure, and Trial Advocacy. With a subscriber base exceeding 3,500 attorneys, judges, and legal professionals, these updates reflect our firm’s commitment to the belief that legal education is the soul of the judiciary.
New Martine Law Training Update on Family Law Motions – Ten Basic Rules Every Practitioner Should Know:
Family court motion practice is full of procedural landmines—miss a filing deadline, cite the wrong statute, or attach unsworn documents, and your argument may never be heard. Our latest Training Update cuts through the confusion with a clear and practical guide to the Ten Basic Rules of Family Law Motions.
Whether you’re filing for temporary relief, responding to a contempt motion, or preparing affidavits, this update will help you avoid the most common mistakes and improve your courtroom effectiveness.
📘 Highlights include:
How to avoid fatal service errors
What qualifies as a valid affidavit (and what doesn’t)
When courts must prioritize parenting time disputes under the new 2024 law
Special thanks to Martine Family Law attorneys Rhiley O’Rourke and Nicole Geffre for generously contributing their insight and expertise to this update.
NOTE: This training update is also available on the Minnesota Judicial Training and Education Website. While visiting, you can subscribe to receive notifications of new updates. Please share this training update with colleagues, clerks, or anyone who would benefit from staying current on Minnesota law and litigation strategy.
Martine Law Training Updates will continue to focus on key areas of litigation, including Criminal and Family Law, Evidence and Procedure, and Trial Advocacy. With a subscriber base exceeding 3,500 attorneys, judges, and legal professionals, these updates reflect our firm’s commitment to the belief that legal education is the heart of the judiciary.
Minnesota’s marijuana laws have undergone sweeping changes—and the legal consequences for misapplying them can be severe. In our latest Martine Law Training Update (25-4), we unpack the most pressing and misunderstood issue in current search-and-seizure law:
Does the smell of marijuana alone still give officers probable cause to search a vehicle? The Minnesota Supreme Court says no — and the Legislature has now codified that ruling into law.
This update dives into:
The core holding of State v. Torgerson and how it reshapes warrantless vehicle search analysis
Ten key facts from the 2023 Marijuana Reform Act
How M.S. 169A.36 makes even trace THC in a vehicle a prosecutable offense—including legal hemp edibles and medical cannabis
Whether you practice criminal law, handle suppression issues, or just want to avoid costly legal missteps, this update is essential reading. Judges, prosecutors, and defense counsel alike must understand where the constitutional lines are drawn and how the marijuana reform laws interact with existing vehicle and drug statutes.
NOTE: This training update is also available on the Minnesota Judicial Training and Education Website. While visiting, you can subscribe to receive notifications of new updates. Please share this training update with colleagues, clerks, or anyone who would benefit from staying current on Minnesota law and litigation strategy.
Martine Law Training Updates will continue to focus on key areas of litigation, including Criminal and Family Law, Evidence and Procedure, and Trial Advocacy. With a subscriber base approaching 3,500 attorneys, judges, and legal professionals, these updates reflect our firm’s commitment to the belief that legal education is the soul of the judiciary.
The hearsay rule permits the admission of many out-of-court statements, even when the declarant is unavailable for cross-examination and has never been subject to prior questioning. However, as established in the landmark decision Crawford v. Washington, 541 U.S. 36 (2004), the admission of certain statements, specifically those deemed testimonial, can present serious Sixth Amendment Confrontation Clause concerns that must be addressed before such evidence is allowed.
Crawford draws a critical distinction between non-testimonial hearsay (which does not implicate the Sixth Amendment) and testimonial hearsay (which does). When a hearsay statement is testimonial, and the declarant is unavailable and has not been subject to prior cross-examination, the Confrontation Clause prohibits its admission, regardless of its reliability or probative value.
Since Crawford, the central issue in Confrontation Clause jurisprudence has become: What exactly is “testimonial”?
QUESTION:
As a judge or trial attorney, how do you determine whether an out-of-court statement is “testimonial” and thereby triggers the defendant’s Sixth Amendment right to confrontation?
ANSWER:
The answer lies in applying a structured four-step analysis rooted in Crawford. This practical approach, accompanied by a user-friendly flowchart and checklist, guides you through the evaluation process to ensure compliance with constitutional standards.
To access the complete explanation, flowchart, and checklist, read the attached Martine Law Firm Training Update 25-3.
NOTE: This update is also available on the Minnesota Judicial Training and Education Website. While visiting, you can subscribe to receive notifications of new updates. Please feel free to share this material with colleagues, clerks, or anyone who would benefit from staying current on Minnesota law and litigation strategy.
Going forward, Martine Law Firm Training Updates will continue to focus on key areas of litigation, including Criminal and Family Law, Evidence and Procedure, and Trial Advocacy. With a subscriber base approaching 3,500 attorneys, judges, and legal professionals, these updates reflect our firm’s commitment to the belief that legal education is the soul of the judiciary.
Thank you to the many colleagues and friends who have reached out with kind words and encouragement. For those who may not have heard, I recently joined the Martine Law Firm as Of Counsel and Director of Mentorship and Education. Martine is a dynamic, nine-attorney law firm with offices in Minnesota and North Carolina. Known for its rapid growth and strong courtroom presence, the firm focuses exclusively on Criminal Defense and Family Law.
Going forward, the Martine Law Training Updates will concentrate on core litigation areas including Criminal and Family Law, the Rules of Evidence and Procedure, and Trial Advocacy. Over the past year, the subscriber list has grown to nearly 3,500 attorneys, judges, and legal professionals. Because Martine Law is deeply committed to the principle that legal education is the soul of the judiciary, these updates will continue to be shared publicly as a resource to the bench and bar.
QUESTION: As a trial attorney, how can you determine whether an out-of-court statement is hearsay or non-hearsay?
ANSWER: If you have ever read “Alice in Wonderland,” you would be wise to follow the King’s advice to the white rabbit and always “begin at the beginning.” In other words, when dealing with the admissibility of an out-of-court statement, instead of assuming the statement is hearsay and skipping directly to the hearsay exceptions (which is what most of us do), it is always best to take a step back, go to the beginning and ask the threshold question: is this out-of-court statement really hearsay? The answer is not always clear. On closer examination, many statements that initially appear to be hearsay actually are not.
As a trial attorney, to make that determination, all you need to do is apply the following FOOL-PROOF HEARSAY TEST. This is a simple three-step test you can apply to any out-of-court statement.
To learn how to apply the Foolproof Hearsay Test, read the attached Martine Law Training Update.
NOTE: You can also read this training update on the Minnesota Judicial Training and Education Website. Once on the website, you can add your email and receive notifications whenever a new update is posted. Please distribute these training updates to anyone you believe could benefit from them.
Message From Site Manager Alan Pendleton (former district court judge)
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