Life Sentence – Minimum Term

A11-1734        State of Minnesota, Respondent, vs. Eugene Lee Rushton, Appellant. Clay County District Court, Hon. Lisa N. Borgen. When imposing a life sentence pursuant to Minn. Stat. § 609.3455, subd. 4 (2010), a district court departs from the...

No Contact = No Contact

A big surprise from the courts today؟ The courts have determined that no contact means no contact – no matter who initiates the contact. A11-1795        State of Minnesota, Respondent, vs. Aaron Bobby Phipps, Appellant. Stearns County...

Proper Jury Instructions

More trial issues this week.  Here we take a look at “curtilage” and “incriminating nature.” Despite these issues, proper jury instructions are key. If the jury doesn’t know what they are required to decide, the entire trial is for...

Lesser Included Offenses

A11-240          State of Minnesota, Respondent, vs. Brandon Dominic Cox, Appellant. Hennepin County. The district court did not abuse its discretion when it declined to give an accomplice liability instruction to the jury because the...

Trial Issues

A10-0731        State of Minnesota, Respondent, vs. Jerome Emmanuel Davis, Appellant. Hennepin County. 1.   Even if the district court abused its discretion by admitting appellant’s custodial statement, the error was harmless beyond a...

Elements of a DANCO JIG

Today’s case review is focused on Jury Instructions.  This is one of the final stages in a proper criminal trial.  However, the Jury Instructions are probably one of the most important aspects, except maybe the Jury Verdict Form. These are the...