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; 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 Generally; Appendix A – Script: Waiving Right to Counsel

CHAPTER 4
Defendant’s Competence to Proceed
Competency to Proceed Generally; Effect of Competency Determination; Civil Commitment Proceedings; Administration of Medication

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; Limited Admissibility

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 Fingerprint of Forensic Testing Not Available at Trial; Motion for Correction or Reduction of Sentence; Writ of Habeas Corpus; Right to Counsel – Appeals and Post-Conviction Proceedings; Section 590.11 Order Determining Eligibility for Compensation Based on Exoneration

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
Substitution 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; Confrontation Issues; Sentencing Issues; Appendix A – 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

• Sample Grand Jury Charge
• Script: Waiving Right to Counsel
• 15 Categories of Prosecutorial Misconduct
  
• Surrender of Firearms Order and Notice
  
• Waiver of Extradition and Hearing
  
• Juvenile Traffic Offense Jurisdiction Chart
  
• Procedural Checklist: Stipulation to Prosecution’s Case to Obtain Appellate Review of Pretrial Ruling
  

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