Tag Archives: Plea

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

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.

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Alford Plea of Guilty – Defendant Denies Guilt (10-15)

THIS UPDATE HAS BEEN REPLACED BY UPDATE 14-18

QUESTION:   What Is An ‘Alford’ Plea Of Guilty? What Procedure Must The District Court Follow Before An Alford Plea Can Be Accepted?

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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.

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