MN JUDGES CRIMINAL BENCHBOOK - LINKEDLAW
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ITEM #:  60095700   |   PUBLISHED:  FEBRUARY 17, 2020
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Minnesota Judges Criminal Benchbook, 7th Edition

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’s also filled with practice tips, examples, notes, and caveats from practitioners on both sides of the bench, as well as judges. 

2020 UPDATE
The 2020 Update to the Minnesota Judges Criminal Benchbook puts up-to-date information right at your fingertips, keeping criminal law practitioners informed and current on all changes affecting their practice. With 21 updated chapters, the Benchbook provides insightful and thorough analysis of new case law from the United States Supreme Court, the Minnesota Supreme Court, and the Minnesota Court of Appeals. It also includes analysis of defendants’ recorded statements and the doctrine of completeness; exigent circumstances exception to the warrant requirement; suppression of test results in DWI cases; and using cell-site location information at trial. The 2020 Update also includes a fully updated subject index to make searching the Benchbook fast and easy.

Minnesota Judges Criminal Benchbook Committee

  • Honorable Mary Yunker, Chair
  • Honorable Gregory Anderson
  • Sara Jane Baldwin
  • Honorable Leslie Beiers
  • Jean E. Burdorf, Esq.
  • Professor Edwin J. Butterfoss
  • Derek J. Fitch, Esq.
  • Connie S. Iverson, Esq.
  • Rebecca Peterson
  • Honorable Eric Schieferdecker
  • Honorable Shari Schluchter
  • Leslie J. Rosenberg


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CHAPTER 1
Searches and Seizures
Suppression of Seized Evidence; Searches and Seizures with a Warrant; Challenges to the Warrant (Technical Issues); Warrantless Searches and Seizures and the Exceptions to the Warrant Requirement; Wiretapping Warrants; Other Devices
– Professor Edwin Butterfoss, Mitchell Hamline School of Law

CHAPTER 2
Charging
Citations and Release; Tab Charge; Complaints; Grand Jury Indictments; A Summons or a Warrant; Certification of Misdemeanor as Petty Misdemeanor; Appendix A – Sample Grand Jury Charge
– Paul Young, Anoka County Attorney’s Office

CHAPTER 3
Procedures Following Arrest
Generally; Appointment of Counsel; Appearance in Court; Pleas/Plea Agreements; Timetable for Felony and Gross Misdemeanor Cases; Appendix A – Procedural Checklist: Stipulation to Prosecution’s Case to Obtain Appellate Review of Pretrial Ruling
– Judge Mary Yunker, Tenth Judicial District

CHAPTER 4
Bail and Other Conditions of Release
Generally; Bail; Other Conditions of Release
– Judge Gregory Anderson, Fifth Judicial District
– Rebecca Peterson, Law Clerk Fifth Judicial District

CHAPTER 5
Pretrial Motions Procedure
Procedure; Hearings; Suppression and Return of Illegally Seized Evidence; Extension of Time to File or Amend Indictment or Complaint; Defects in Charging Instrument; Trial Time and Location; Statute of Limitations; Lack of Jurisdiction; Removal of Judge
– Judge Shari Schluchter, Ninth Judicial District

CHAPTER 6
Constitutional Rights of the Accused
Introduction; Constitutional Trial Rights of Defendants; Other Criminal Constitutional Principles
– Connie Iversen, Public Defender’s Office for the Second Judicial District

CHAPTER 7
Identification and Statements of Defendants
Suppression of Pretrial Identification of Defendants; Suppression of Defendant’s Statements; Use of Defendant’s Statements at Trial; Scales and Recording of Defendant’s Statements
– Connie Iversen, Public Defender’s Office for the Second Judicial District

CHAPTER 8
Discovery Motions
Motions Relating to Discovery; Disclosure by the Prosecutor; Disclosure by the Defendant; Motion Hearing Witnesses; Information Not Discoverable; Protective Order; Sanctions; Post-Conviction Discovery
– William F. Klumpp Jr., Minnesota Attorney General’s Office
– Matthew Frank, Minnesota Attorney General’s Office

CHAPTER 9
Multiple Defendants or Offenses
Accomplices; Vicarious Liability for the Acts of Another; Joinder and Severance of Defendants and Offenses
– Elizabeth Johnston, Hennepin County Attorney’s Office

CHAPTER 10
Trial Procedures
Time and Place of Trial; Order of Trial; In Camera Hearings; Interpreters
– Elizabeth Johnston, Hennepin County Attorney’s Office

CHAPTER 11
Courtroom Control Issues
Introduction; Courtroom Decorum; Security Measures and Courtroom Closure; Prejudicial Publicity; Public Access to Records; Defendant’s Right to Be Present
– Connie Iversen, Public Defender’s Office for the Second Judicial District

CHAPTER 12
Trial and the Attorneys
Trials Without a Jury; Opening Statements; Direct Examination; Cross-Examination; Closing Argument; Prosecutorial Error; Improper Questioning; Presence of Defendant; Appendix A – 15 Categories of Prosecutorial Misconduct
– Mark Metz, Carver County Attorney’s Office
– Kevin Hill, Carver County Attorney’s Office

CHAPTER 13
The Jury
Jury Composition; Selection of Jurors; Oath of Jury; Anonymous Jury; Sequestration of Jury During Trial; Jury Misconduct and Prejudicial Influences; Juror Activity During Evidentiary Phase; Viewing Outside Locations; Jury Instructions; The Deliberating Jury; Jury Verdict; Deadlocked Jury; Impeachment of the Verdict
– Jean Burdorf, Hennepin County Attorney’s Office

CHAPTER 14
Evidence at Trial
Introduction; Spreigl Evidence: Other Crimes and Bad Acts Committed by Defendant; Relationship Evidence; Character Evidence; Scientific Evidence; Hearsay; Physical Evidence; Polygraph Tests; Photographs and Videos; Animation; Preservation of Evidence; Authentication; Constructive Possession; Alternative Perpetrator; Premeditation and Circumstantial Evidence; Defendant’s Recorded Statement and the Doctrine of Completeness
– Joshua Larson, Hennepin County Attorney’s Office

CHAPTER 15
Witnesses
Motions Relating to Witnesses; Right to Confrontation; Oath or Affirmation; Securing Attendance of Witnesses; Expert Witnesses; Lay Witness Opinions; Competency of Witnesses; Examination of Witnesses; Privileges; Privilege Against Self-Incrimination; Impeachment; Corroboration
– Derek Fitch, Ramsey County Attorney’s Office

CHAPTER 16
Competency and Mental Illness
Competency Generally; Mental Illness or Cognitive Impairment; Defendant; Other Witnesses
– Judge Gregory Anderson, Fifth Judicial District
– Rebecca Peterson, Law Clerk Fifth Judicial District

CHAPTER 17
Post-Verdict Motions
Motion for New Trial; Motion for Judgment of Acquittal; Motion to Vacate Judgment; Motion for Correction of Clerical Mistakes; Motion for Correction or Reduction of Sentence; Writ of Habeas Corpus; Motion to Seal Records
– Derek Fitch, Ramsey County Attorney’s Office

CHAPTER 18
Sentencing
Pre-Sentence Procedures; Conviction; Conviction and Sentencing for Multiple Counts; Sentencing Procedures; Felony Sentencing Under The Sentencing Guidelines; Aggravated Sentencing After Blakely; Level of Sentence; Juvenile Life Without Parole
– Kelly Mitchell, University of Minnesota Law School – Robina Institute of Criminal Law & Criminal Justice
– Judge Eric Schieferdecker, Ninth Judicial District  
– Judge Gordon L. Moore, Fifth Judicial District

CHAPTER 19
Probation Revocation
Procedure; Initial Appearance; Revocation Hearing; Determination by Court
– Derek Fitch, Ramsey County Attorney’s Office

CHAPTER 20
Post-Conviction Remedy
Post-Conviction Remedy In General; Pleadings and Practice After Petition is Filed; Hearing on Petition; Indigent Petitioners
– Derek Fitch, Ramsey County Attorney’s Office

CHAPTER 21
Driving While Impaired
Motor Vehicle Stops; Driving 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
– Judge Leslie E. Beiers, Sixth Judicial District
– Sara Jane Baldwin, Hennepin County Public Defender’s Office

CHAPTER 22
Sexual Assault and Abuse
Statute of Limitations; Discovery and Other Pretrial Issues; Trial Issues; Special Trial Issues in Cases Involving Children; Sentencing
– Jean Burdorf, Hennepin County Attorney’s Office

CHAPTER 23
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
– Christopher W. Keyser, Keyser Law P.A.

CHAPTER 24
Extradition
Extradition of Adult Fugitives; Procedures to be Followed by Demanding State Seeking Return of Fugitive Involuntarily Held by Asylum State; Securing Attendance of Witnesses Who Cannot be Summoned by Subpoena; Extradition Versus Retaking; Appendix A – Waiver of Extradition and Hearing
– Judith Cole, Hennepin County Attorney’s Office

CHAPTER 25
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
– Leslie J. Rosenberg, Office of the State Public Defender

CHAPTER 26
Restitution
Restitution Overview; Ordering Restitution; Failure to Pay Restitution; Special Restitution Statutes
– Sara J. Euteneuer, Assistant State Public Defender
– Roy Spurbeck, Assistant State Public Defender

CHAPTER 27
Right to Counsel
Introduction; Sixth Amendment Right to Counsel; Fifth Amendment Right Against Self-Incrimination and the Right to Counsel; Appointment of Counsel; Effective Assistance of Counsel; Right to Counsel – Probation Violation Hearings; Right to Counsel – Appeals/Post-Conviction Proceedings; Right to Counsel – Juvenile Delinquency Proceedings
– Connie Iversen, Public Defender’s Office for the Second Judicial District

Table of Authorities
Subject Index

  • Sample Grand Jury Charge
  • 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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