Judicial Mistakes

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for the Third Circuit found a fundamental error occurs where a defendant stands convicted of conduct that is not criminal. If a defendant is convicted and punished for act that law does not make criminal, it "inherently results in a complete miscarriage of justice" and presents "exceptional circumstances" which justify collateral relief. Page 22 of 166
II. JUDICIAL LANDMINES 20 COMMON MISTAKES EVERY JUDGE SHOULD AVOID MINNESOTA JUDICIAL TRAINING & EDUCATION BLOG Dedicated to the Training & Education of the Minnesota Trial Bench and Attorneys Posted on November 26, 2013 WHAT IS A JUDICIAL LANDMINE? <strong>Judicial</strong> Landmines are common judicial mistakes or oversights that create a high likelihood of triggering an appeal. These judicial oversights tend to reoccur with every new generation of judges. Most of these mistakes occur as a result of judicial omission or failing to make a proper record. The following is a summary list of the 20 most common reoccurring <strong>Judicial</strong> Landmines. 1. FAILURE TO OBTAIN PERSONAL WAIVER OF DEFENDANT’S RIGHT TO TESTIFY OR NOT TESTIFY AT TRIAL Decision to testify or not testify should be on the record and should come expressly from the defendant, not defense counsel. however, an on the record colloquy with defendant who does not testify is not legally required. If no record is made, the presumption is that waiver was voluntary and intelligent – but in a post-conviction proceeding Defendant can rebut that presumption. State v. Walen, 563 N.W.2d 742, 751 (Minn. 1997); In re Welfare of C.J.W.J., 699 N.W.2d 328, 334 (Minn.App.2005) (“We repeat this cautionary instruction. With adult defendants, and even more so with juveniles, even after the attorney has laid the proper record, district courts should get the defendant's personal acquiescence to the waiver on the record.”); The court should NOT give CrimJig 3.17 (Defendants right not to testify) unless defendant, not defense counsel, personally requests the instruction. Page 23 of 166
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Page 18 and 19: This work is not meant to be a piec
Page 20 and 21: Fundamental Error is a legal term p
Page 24 and 25: 2. FAILURE TO OBTAIN DEFENDANT’S
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of law (a trial) would "dampen" the
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Supreme Court of Virginia v. Consum
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Notes _____________________________
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Advocacy Foundation Publishers The
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XVI for Drug-Free Communities Landm
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Vol. VIII 2022 ComeUnity ReEngineer
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Vol. XV 2029 Inner-Cities Revitaliz
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The e-Advocate Monthly Review 2018
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2021 Biblically Responsible Investi
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Vol. V 2019 XVII Russia Q-1 2019 XV
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The e-Advocate Newsletter Genesis o
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Extras The Nonprofit Advisors Group
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About The Author John C (Jack) John
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Judicial Mistakes

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