Tag Archives: Guilty

Alford Plea of Guilty (Defendant Denies Guilt): A Three-Step Process to “Appeal-Proof” the Plea

Three Steps to Making a Proper Record

Dear Colleagues,

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.

Click to read the full training update here:
👉 Martine Law Training Update 25-7: Alford Pleas of Guilty

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

NORGAARD Plea of Guilty (Unable To Recall) (10-16) (Replaced by 15-16)

QUESTION: WHAT IS A NORGAARD PLEA OF GUILTY? A Norgaard Plea is a procedure that governs situations where a defendant wants to enter a plea of guilty (usually in order to take advantage of a plea agreement) but is unable to recall facts due to intoxication or amnesia. Unlike an Alford plea, in a Norgaard Plea, Defendant does not make a claim he is innocent.

CLICK ON LINK BELOW TO READ MORE (Replaced by 15-16)

Pendleton10.16-NORGAARD_Plea_of_Guilty

Lothenbach Plea – A Potential judicial Landmine (10-11)

QUESTION: WHAT IS A LOTHENBACH PLEA/STIPULATION? Unlike some other states, Minnesota does not allow a defendant to make a conditional guilty plea. Before the Lothenbach decision, in order to preserve the right to appeal a pre-trial issue even when no other material facts were in dispute, a criminal defendant was first required to plead “not guilty” and then go through an unnecessary jury trial. Recognizing this was inefficient, the Supreme Court created a procedure to preserve a defendant’s right to appeal a pre-trial order and avoid an otherwise unnecessary jury trial.

CLICK ON LINK BELOW TO READ MORE

Pendleton10.11-Lothenbach_Plea-A_Potential_Judicial_Branch_Landmine