Edited by the Minnesota Judges Criminal Benchbook Committee
The Minnesota Judges Criminal Benchbook serves as a starting point for the legal research necessary to untangle complex criminal issues. All of the judges on the criminal bench have this Benchbook and you should too! It covers everything from search and seizure issues, post-arrest procedures, and appointment of counsel to post-verdict motions and sentencing. It also includes specialized chapters on driving while impaired, sexual assault and abuse, domestic abuse issues, extradition, and juvenile delinquency. It is filled with practice tips, examples, notes, and caveats from practitioners on both sides of the bench, as well as judges.
The Eighth Edition of the Minnesota Judges Criminal Benchbook has been fully reorganized to make the Benchbook easier to navigate and help users find the critical information they need. The Benchbook now follows the process of a criminal case from start to finish, beginning with obtaining warrants; charging; and first appearances, bail, and release; to omnibus issues; suppression motions; guilty pleas; and the trial process; through post-verdict motions; sentencing; and post-convictions remedies; as well as all the important specialty chapters like DWI; sexual assault; domestic abuse; juvenile delinquency; and much more! The Benchbook puts up-to-date information right at your fingertips, keeping criminal law practitioners informed and current on all changes affecting their practice. With 24 expansive chapters, the Benchbook covers all aspects of criminal law and provides practice-based tips and comments alongside insightful and thorough analysis of new case law from the United States Supreme Court, the Minnesota Supreme Court, and the Minnesota Court of Appeals.
2024 UPDATE
The 2024 Update to the Minnesota Judges Criminal Benchbook includes updates to 20 chapters, including Ch. 1 – Signing Warrants; Ch. 6 – Discovery and Disclosure of Records; Ch. 7 – Omnibus Proceedings and Legal Issues; Ch. 8 – Suppression Motions; Ch. 10 – Trial Process and Rights; Ch. 13 – Sentencing; Ch. 16 – Post-Conviction Remedy; Ch. 18 – Substitution of a Judge, and many more! The 2024 Update includes analysis and discussion of new case law from the U.S. Supreme Court, the Minnesota Supreme Court, and the Minnesota Court of Appeals, as well as updates to statutes and court rules. The 2023 Update also adds NEW sections analyzing no-knock warrants, including application requirements and required findings (Ch. 1); addressing probable cause motions based on a defendant’s confession and pre-trial appeals, and amelioration (Ch. 7); and bias of a judicial fact-finder, discussing actual bias, emergent bias, and perceived bias (Ch. 18). Additionally, Ch. 14, Restitution has been fully revised to include a step-by-step overview of when the court may order restitution, a NEW section on ordering restitution, analyzing the restitution request and notice, and ordering restitution when it is not challenged, as well as NEW sections examining refunding restitution and the Crime Victims Reimbursement Act.
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CHAPTER 1
Signing Warrants
Search Warrants; Grounds for Issuance; Sufficiency of Affidavit; Probable Cause Standard; Description Particularity; Entry into Dwelling and “No-Knock” Warrants; Administrative Searches; Real or Physical Evidence from Accused’s Body; Wiretapping Warrants in General; Strict Procedures; Disposition of Application; After Execution; Interception Without Warrant; Installation and Monitoring of Electronic Devices; Mobile Tracking Devices; Stored Communications; Pen Registers and Traps and Trace Devices; Electronic Device Location Information; Electronic Communication and Remote Computing Services; Electronic Communication and Remote Computing Services (Foreign Corporations); Use of Unmanned Aerial Vehicles
CHAPTER 2
Charging
Tab Citations and Release; Complaints; Indictments; Form of Citation; Felony and Gross Misdemeanor; Misdemeanor and Petty Misdemeanor; Executive Discretion; 48-Hour Rule; Requirements of a Complaint; Technical Sufficiency of a Complaint; Amendments to Complaint; Form Amendments; Requirements in Gross Misdemeanor, Misdemeanor, and Petty Offenses; Consequence of Failure to Appear in Petty Cases; Certification of Misdemeanor as Petty Misdemeanor; Orders for Detention; Warrant Mandatory; Summons Mandatory; Summons at Judge’s Discretion; Uniform Traffic Ticket; Grand Jury Generally; Judge’s Role; Return of Indictment; Amendment to Indictment; Challenge to Indictment; Appendix A – Sample Grandy Jury Charge
CHAPTER 3
First Appearances, Bail, and Release
Appearance Variations; Record; Purposes; 36-Hour Rule; Time; Appointment of Counsel Generally; Attachment of the Right to Counsel; Standard of Indigency; Effective Assistance of Counsel; Initial Appearance; Services Other Than Counsel; Bail and Other Conditions of Release Generally; After First Appearance; Conditions of Release; Supervision; Bail Prohibitions; Bail Amount; Bail Procedure; Bail Bonds; Domestic Abuse; Victim Notification of Review Hearing; Timetable for Felony and Gross Misdemeanor Cases
CHAPTER 4
Defendant’s Competence to Proceed
Competency to Proceed Generally; Effect of Competency Determination; Civil Commitment Proceedings
CHAPTER 5
Interpreters
Introduction; When an Interpreter Must Be Appointed; Appointment in Court Proceedings; Oath; Simultaneous Interpretation; Privileged Communications; Delay or Unavailability of Interpreter; Fees and Expenses
CHAPTER 6
Discovery and Disclosure of Records
Motions Relating to Discovery; Disclosure by the Prosecutor; Disclosure by the Defendant; Motion Hearing Witnesses; Information Not Discoverable; Protective Orders; Sanctions; Post-Conviction Discovery; In Camera Hearings; Public Access to Records
CHAPTER 7
Omnibus Proceedings and Legal Issues
Procedure; Hearings; Probable Cause Motions – MINN. R. CRIM. P. 11.02; Challenging an Indictment; Amending Indictments, Complaints, and Tab Charges; Defects in Charging Instrument; Joinder and Severance of Offenses and Defendants; Motions Relating to Witnesses; Venue; Continuance or Postponement of Trial; Statute of Limitations; Lack of Jurisdiction; Other Criminal Constitutional Principles
CHAPTER 8
Suppression Motions
Motions; Fourth Amendment Suppression of Seized Evidence; Challenges to the Warrant; Warrantless Searches and Seizures and Exceptions to the Warrant Requirement; Unlawful Interception of Oral or Wire Communications; Suppression of Pretrial Identification of Defendants; Suppression of Defendant’s Statements; Exceptions to Complete Suppression of Defendant’s Statements
CHAPTER 9
Guilty Pleas
Procedural Formalities; Accepting a Guilty Plea; Plea Negotiations; Conditions of Plea Agreement; Plea Withdrawal; Stipulation to Prosecution’s Case to Obtain Review of Pretrial Ruling (Formerly Lothenbach Procedures); Appendix A – Procedural Checklist: Stipulation to Prosecution’s Case to Obtain Appellate Review of Pretrial Ruling
CHAPTER 10
Trial Process and Rights
Time and Place of Trial; Jury Trial and Trial Without a Jury; Trials Without a Jury; Constitutional Trial Rights of Defendants; Defendant’s Right to Be Present; Courtroom Control Issues; Order of Trial; Jury Selection; Opening Statements; Witnesses; Direct Examination; Cross Examination; Special Jury Issues During Trial; Motion for Judgment of Acquittal; Closing Argument; Prosecutorial Error; Blakely Proceeding; Jury Instructions; The Deliberating Jury; Jury Verdict; Appendix A – 15 Categories of Prosecutorial Misconduct
CHAPTER 11
Evidentiary Issues During Trial
Introduction; Spreigl Evidence: Other Crimes and Bad Acts Committed by Defendant; Relationship Evidence; Character Evidence; Alternative Perpetrator; Accomplice Liability; Impeachment; Scientific Evidence; Expert Witnesses; Lay Witness Opinions; Privilege; Hearsay; The Rule of Completeness; Physical Evidence; Photographs and Videos; Animation; Authentication; Mental Illness or Cognitive Impairment; Mental Illness in the Guilt Phase; Constructive Possession; Premeditation and Circumstantial Evidence; Polygraph Tests; Corroborative Evidence; Defendant’s Testimony
CHAPTER 12
Post-Verdict Motions
Motion for a New Trial; Motion for Post-Verdict Judgment of Acquittal; Motion to Vacate Judgment; Motion for Correction of Clerical Mistakes; Impeachment of the Verdict
CHAPTER 13
Sentencing
Pre-Sentence Procedures; Conviction; Conviction and Sentence for Multiple Counts; Sentencing Proceedings; Felony Sentencing Under the Sentencing Guidelines; Aggravated Sentencing After Blakely; Level of Sentence; Juveniles Life Without Parole
CHAPTER 14
Restitution
Restitution Overview; Ordering Restitution; Failure to Pay Restitution; Special Restitution Statutes
CHAPTER 15
Probation Revocation
Procedure; Initial Appearance; Revocation Hearing; Determination by the Court; Right to Counsel – Probation Violation Hearings
CHAPTER 16
Post-Conviction Remedy
Post-Conviction Remedy In General; Pleadings and Practice After Petition is Filed; Hearing on Petition; Indigent Petitioners; Motion for Correction of Reduction of Sentence; Writ of Habeas Corpus; Right to Counsel – Appeals and Post-Conviction Proceedings
CHAPTER 17
Extradition
Extradition of Adult Fugitives; Procedures to be Followed by Demanding State Seeking Return of Fugitive Involuntarily Held in Asylum State; Extradition Versus Retaking; Appendix A – Waiver of Extradition and Hearing
CHAPTER 18
Removal of a Judge
Peremptory Removal Generally; Removal for Cause; Recusal by Judge; Disability of Judge; Bias of Judicial Fact-Finder, Generally
CHAPTER 19
Expungement: Motion to Seal Records
Generally; Statutory Authority; Inherent Authority to Expunge Records of the Court
CHAPTER 20
Driving While Impaired
Drive, Operate, or Physical Control; Impairment; Search Incident to Arrest; Invoking the Implied Consent Law; Implied Consent Advisory and Right to Counsel; Testing and Inability to Test; Nonconsensual Testing; Refusal of Chemical Testing; Testing Procedures; Alternative and Additional Testing; Criminal Charges
CHAPTER 21
Sexual Assault and Abuse
Statute of Limitations; Discovery and Other Pretrial Issues; Trial Issues; Special Trial Issues in Cases Involving Children; Sentencing
CHAPTER 22
Domestic Abuse Issues
Domestic Assault; Gross Misdemeanor and Felony Domestic Abuse Related Charges; Bail in Domestic Abuse Cases; Special Trial Issues; Sentencing Issues; Appendix A – Surrender of Firearms Order and Notice
CHAPTER 23
Juvenile Delinquency
Jurisdiction; Public Access to Hearings; Right to Participate; Right to Counsel; Miranda Rights; Charge Enhancement; Speedy Trial Demand; Adjudication; Continuance Without Adjudication Versus Continuance For Dismissal; Disposition; Sentencing for Adult Traffic Offense; Extended Jurisdiction Juvenile; Certification; Contempt; Extradition of Juveniles; Detention of Status/CHIPS Offenders; Expungement; Juvenile Life Without Parole; Appendix A – Traffic Offense Jurisdiction
CHAPTER 24
Animal Cruelty
Introduction; Minnesota Statutes Chapter 343 – Definitions and Authorities; Chapter 343 – Charging Statutes, Penalties, Special Crimes; Report of Animal Cruelty, Order for Investigation, Issuance of Search Warrant, and Disposal of Animals in Possession – Minn. Stat. § 343.22; Animal Seizure and Disposition; Selected Animal Cruelty Related Crimes and Topics; Pre-Trial Issues; Selected Issues in Animal Cruelty Trials; Sentencing Issues; Judicial Alert – Special Issues
Table of Authorities
Subject Index
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