789, 74 L.Ed.2d 995 (1983). The question of sufficiency to raise a reasonable doubt is for the jury to determine from all of the evidence. Arguably, appellants committed trespass to protest the lawfulness of abortions, constituting an act of indirect civil disobedience. State v. Brechon, 352 N.W.2d 745, 750 (Minn.1984) (holding that a claim of right in a criminal trespass . We discover, however, that we need not precisely articulate limits on private arrest powers. . The evidence and instructions which appellants contend were erroneously excluded from the trial proceedings went to the basis of their belief that there were felonies occurring inside the building. All appellants were found guilty and were given sentences ranging between 15 days (suspended) and 60 days (45 days suspended). 4 (1988). Appellants were arrested at Honeywell corporate headquarters in Minneapolis and charged with trespassing. United States v. Cullen, 454 F.2d 386 (7th Cir.1971); Berkey v. Judd, 22 Minn. 287, 297 (1875). August 3, 1984. The defense of necessity was not available to these appellants. Construed as an exception, defendant had the burden of establishing a prima facie case for a permit with the state then having to prove the contrary beyond a reasonable doubt. We held in Paige that the phrase "without a permit" in a statute created an exception to the prohibition against possession of pistols in certain places. 3. In pre-trial motion proceedings the trial court was asked to exclude evidence offered to establish a necessity defense or a claim of right defense. We approved this language in State v. Hoyt, 304 N.W.2d at 891. The defendant's story does not have to track the trial court's forthcoming final instructions to the jury. *751 240, 255, 96 L. Ed. We perceive several possible ways of handling the claim of right issue in a criminal trespass case: (1) as an element of the state's case requiring an acquittal if the state has not proven that the defendant did not have a right to be on the premises; (2) as an ordinary defense, requiring the defendant to present evidence, with the burden of The Brechon protesters did not bother to tailor their testimony as to intent and motive to carefully and neatly fit within one of the enumerated subdivisions of claim of right, nor did the supreme court's analysis limit itself to the trespass statute and corresponding M-JIG 1.2. We held in Paige that the phrase "without a permit" in a statute created an exception to the prohibition against possession of pistols in certain places. Thus, Hoyt had presented a prima facie case of claim of right; that is, a reasonable belief that she had license or permission to visit. There has been no trial, so there are no facts before us. The test for determining what constitutes a basic element of rather than an exception to a statute has been stated as "whether the exception is so incorporated with the clause defining the offense that it becomes in fact a part of the description." Reach out to our support agents anytime for free assistance. ANN. The trial court ruled that the state had the burden of disproving "claim of. Id. The supreme court has indicated that the defendant should not be required to make an offer of proof before the state has presented its case. Contrary to Brechon, here the trial court decided for itself the issue of claim of right, kept appellants' offered evidence from the jury, and refused appellants' requested jury instruction on a claim of right. Quimbee has over 36,300 case briefs (and counting) keyed to 984 casebooks https://www.quimbee.com/case-briefs-. They need not, therefore, meet the Seward requirements to present claim of right evidence. v. 281, 282 (1938); Berkey v. Judd. state also sought to preclude defendants from asserting a "claim of right" defense. See State v. Quick, 226 Kan. 308, 311-12, 597 P.2d 1108, 1112 (1979); Commonwealth v. Hood, 389 Mass. Minneapolis City Atty., Minneapolis, for respondent. The trial court ruled that the state had the burden of disproving "claim of right" and that defendants could offer evidence about their reasons for committing the act, whether because of moral, political or religious beliefs, but could not testify more specifically such "as to the destruction [nuclear war] can present." its discretion when it did consider if it would survive a summary judgement. 1. 1974); Batten v. Abrams. at 306-07, 126 N.W.2d at 398. Morissette v. The trial court ruled that the state had the burden of disproving "claim of right" and that defendants could offer evidence about their reasons for committing the act, whether because of moral, political or religious beliefs, but could not testify more specifically such "as to the destruction [nuclear war] can present.". Most of the cards, is the phenomenon of reverting to some of the activities and preoccupations of earlier developmental stages. Moreover, Schoon may have even greater impact. at 70, 151 N.W.2d at 604. The state also sought to preclude defendants from asserting a "claim of right" defense. [3] The district court appellate panel ruled that defendants must establish the four elements of a necessity defense outlined in United States v. Seward, 687 F.2d 1270 (10th Cir.1982), cert. She wants you to locate the following three Minnesota cases, as well as a fourth Minnesota case on the matter. The parties frame the issue as whether the state has the burden to prove the defendants did not have a claim of right to be on Honeywell property or whether defendants have the initial burden of going forward to present a prima facie case of claim of right. Elliot C. Rothenberg, Minneapolis, for North Star Legal Foundation. STATE of Minnesota, Respondent, v. John BRECHON and Scott Carpenter, et al., petitioners, Appellants. This court posed the dispositive issue in Hoyt as whether defendant believed she had a license to enter the nursing home and whether there were reasonable grounds for her belief. 2d 508 (1975). It is "fundamental that criminal defendants have a due process right to explain their conduct to a jury." MINN. STAT. MINN. STAT. We find it necessary first to clarify the procedural effect of the "claim of right" language in the trespass statute under which these defendants were arrested. Listed below are the cases that are cited in this Featured Case. STATE v. BRECHON Email | Print | Comments ( 0) No. See In re Oliver, 333 U.S. 257, 273, 68 S. Ct. 499, 507, 92 L. Ed. The court found that Minnesota does not have a statute that addresses particulate trespass. Consulting other authorities to determine what the state must prove in a criminal trespass case is not helpful because in most reported cases burdens of proof are not directly in issue. 77, 578 P.2d 896 (1978). Nor have there been any offers of evidence which have been rejected by the trial court. The trial court did not err either in excluding evidence meant to establish a necessity defense or in refusing to instruct the jury concerning this defense. The existence of criminal intent is a question of fact which must be submitted to a jury. Id. Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. The state appealed and the defendants, sought review of the order limiting their testimony to general beliefs. properly denied the amended complaint as it applied to 7 C.F.R. This is so because claim of right evidence is evidence tending to disprove an essential element of the state's case: that the actor trespassed without claim of right.[2]. Prior to trial the state moved to prevent defendants from presenting evidence pertaining to necessity or justification defenses unless certain conditions were met. We held in Paige that the phrase "without a permit" in a statute created an exception to the prohibition against possession of pistols in certain places. The court also held the jury decides the sufficiency of the evidence presented to establish a claim of right; the trial court may not . Courts must scrutinize with the greatest care any restrictions on a defendant's testimony offered in that defendant's own behalf as to his or her intent and the motivation underlying that intent lest we jeopardize the federal and state constitutional right to a fair trial. 1(4) (1988) states in pertinent part: This statute has been held constitutional. Brechon 352 N.W2d 745 (1984)325 N.W.2d 745 (Minn. 1984)ISSUE:Trespasses upon the premises of another and without claim of right refuses to departtherefrom on demand of the lawful possessor thereofFACTS:The test for determining what constitutes a basis element of rather than an exceptionto a statute has been stated as "whether the exception is so 609.605(5) (1982) is not a defense but an essential element of the state's case. Robert J. Alfton, Minneapolis City Atty., Michael T. Norton, Asst. When Hoyt thereafter entered the nursing home and refused to leave, she was arrested for trespass. Appeal from the District Court, Ramsey County, Otis H. Godfrey, Jr., J. Hubert H. Humphrey, III, Atty. However, evidentiary matters await completion of the state's case. fields tested, as there are strict guidelines to be an organic farm. They have provided you with a data set called. Minnesota Rules of Evidence, Rules 401, 402; Henslin v. Wingen, 203 Minn. 166, 170, 280 N.W. Case brief State v. Brechon352 N.W.2d 745 (1984) Facts: Appellants were arrested at Honeywell corporate headquarters in Minneapolis and charged with trespassing. Warren No. The district court granted judgement for the cooperative. If the defendant's reasons for what happened are at odds with what the court instructs the jury is a legal defense to the charge, the prosecution is entitled to beat the defendant over the head with that in closing argument. It makes no difference that good motive is not a defense, that favorable instructions may not be given or that an explanation may be unavailing, these defendants must be given the opportunity to testify fully and freely on the issue of criminal intent and the motive underlying that intent. The court may not require a pretrial offer of proof in order to decide as a matter of law that defendants have no claim of right. Id. This specific prosecutorial tactic was criticized in Minnesota's leading case on political trespass, State v. Brechon, 352 N.W.2d 745 (Minn. 1984). Moreover, entry to make a citizen's arrest requires informing the offender of the intent to make an arrest, and no such action occurred here. I find Brechon controlling. Nor have there been any offers of evidence which have been rejected by the trial court. This appeal challenges the California felony-murder rule as it applies to an unintentionally caused death during a high-speed automobile chase following the commission of a non-violent, daylight burglary of an unattended motor vehicle. The court found the arrest valid on alternative grounds that Quinnell was a trespasser from the moment he entered the premises or that, even if his original entry was pursuant to an implied license, the lawful possessor had demanded that he leave. Quinnell's arrest arose from his participation in a demonstration of livestock farmers at the St. Paul Union Stockyards Company. Consulting other authorities to determine what the state must prove in a criminal trespass case is not helpful because in most reported cases burdens of proof are not directly in issue. This case comes to us on appeal from questions certified to the Minnesota Court of Appeals from the Dakota County District Court regarding two mistake of law defenses-reliance on advice of counsel and reliance on an official interpretation of the law. Get free summaries of new Minnesota Supreme Court opinions delivered to your inbox! 2. Appellants enjoyed legal remedies without committing a trespass. The rulings of the municipal court judge are reinstated and the matter remanded for further proceedings.4. Defendant had waived a jury trial and did not contest on appeal to this court the trial court's requirement that she make an offer of proof to present a prima facie case of claim of right. You already receive all suggested Justia Opinion Summary Newsletters. Construed as an exception, defendant had the burden of establishing a prima facie case for a permit with the state then having to prove the contrary beyond a reasonable doubt. The rulings of the municipal court judge are reinstated and the matter remanded for further proceedings.[4]. Elliot C. Rothenberg, Minneapolis, for North Star Legal Foundation. The Schoon court determined as a matter of law that the necessity defense is unavailable regarding acts of indirect civil disobedience. Nor have there been any offers of evidence which have been rejected by the trial court. Defendant may succeed by raising a reasonable doubt of his presence at the scene of the crime. Minn.Stat. at 649, 79 S.E. November 19, 1991. Review Denied January 30, 1992. See also Sandstrom v. Montana, 442 U.S. 510, 99 S. Ct. 2450, 61 L. Ed. We agree with the dissenting judge here that a protester's right to state motives must be guaranteed in all cases, unlimited by judicial opinion that an abortion protest is more or less acceptable than other protests. Defendants may not be precluded from testifying about their intent. Minneapolis City Atty., Minneapolis, for respondent. Courts must scrutinize with the greatest care any restrictions on a defendant's testimony offered in that defendant's own behalf as to his or her intent and the motivation underlying that intent lest we jeopardize the federal and state constitutional right to a fair trial. When a defendant takes the stand in a criminal case, it is a powerful personal choice with far reaching consequences. Third, the court must decide whether defendants can be precluded from testifying about their intent. 682 (1948). John D. Hagen, Jr., Minneapolis, for Tammy Dvorak, et al. In re Oliver, 333 U.S. 257, 273, 68 S. Ct. 499, 507, 92 L. Ed. 256 N.W.2d at 303-04. Thus, Hoyt had presented a prima facie case of claim of right; that is, a reasonable belief that she had license or permission to visit. We therefore reverse the appellate panel's order requiring defendants to present a prima facie case on their defense[3] and excluding evidence of defendants' intent. 1. the bona fide belief defense prevents conviction of the unintentional offender). "Claim of right" in a criminal trespass case under Minn.Stat. Subscribers are able to see any amendments made to the case. As a result of complaints about the patient's care made by Hoyt to nursing home personnel and outside agencies, she was forbidden by the nursing home administration to visit the patient. *747 Mark S. Wernick, Linda Gallant, Minneapolis, Kenneth E. Tilsen, St. Paul, for appellants. Addressing the second issue raised, we hold that the jury, not the court, decides the sufficiency of the evidence presented to establish a claim of right. This evidence normally would be in the realm of property law, such as that the title or right of possession is in a third party and that no title or permission has been given to defendant, or if given has been withdrawn. To limit that testimony before it is heard and its relevancy determined is not only constitutionally prohibited but is also contrary to our own rules of evidence and case law. 476, 103 A. No. It involved a "political/protest" trespass by anti-war protesters who were on Honeywell property deliberately provoking an arrest for trespass so as to obtain a forum to bring attention to Honeywell Corporation's contracts to supply various types of munitions and armaments to the United States Department of Defense. Prior to trial the state moved to prevent defendants from presenting evidence pertaining to necessity or justification defenses unless certain conditions were met. Subscribers are able to see the revised versions of legislation with amendments. United States v. Hawk, 497 F.2d 365 (9th Cir.1974) (defendant permitted to testify without restriction to his motive and intent in failing to file income tax returns); United States v. Cullen (defendant given unlimited opportunity to testify to his character and motivation in burning Selective Service records); United States v. Owens, 415 F.2d 1308 (6th Cir.1969) (defendant allowed to testify at great length to his reasons for refusing induction); State v. Marley, 54 Hawaii 450, 509 P.2d 1095, 1099 (1973) (defendants permitted to give testimony "as to their motivations in their actions on the day of their alleged trespass as well as to their beliefs about the nature of the activity carried on by Honeywell Corporation and the nature of their beliefs about their rights and duties with respect to that corporation."). claim not based on 7 C.F.R. Robert J. Alfton, Minneapolis City Atty., Michael T. Norton, Asst. This conclusion does not mean the municipal court erred in imposing limits on the testimony of each defendant. This evidence should be of such a nature as to permit a reasonable inference that there could be no claim of right by defendant. See Minn.Stat. The use of a motion in limine against a defendant in a criminal case * * * is questionable considering the constitutional rights of defendants. officers. The state appealed and the defendants sought review of the order limiting their testimony to general beliefs. at 748. The state has anticipated what the defenses will be and seeks to limit these perceived defenses. Appellants' evidence on the claim of right issue should have gone to the jury. See State v. Brechon, 352 N.W.2d 745 (Minn.1984) (defendant may offer evidence that he has a property right such as owner, tenant, lessee, licensee or invitee); State v. Hoyt, 304 N.W.2d 884 (Minn.1981) (statute may give person licensee status). I join in the special concurrence of Justice Wahl. Nor have there been any offers of evidence which have been rejected by the trial court. Get a list of references to go with your ordered paper. ANN. Subscribers are able to see a list of all the cited cases and legislation of a document. See State v. Currie, 267 Minn. 294, 126 N.W.2d 389 (1964). fields that some drifted onto their organic fields. Get State v. Morrow, 731 N.W.2d 558 (2007), Nebraska Supreme Court, case facts, key issues, and holdings and reasonings online today. If the state presents evidence that defendant has no claim of right, the burden then shifts to the defendant who may offer evidence of his reasonable belief that he has a property right, such as that of an owner, tenant, lessee, licensee or invitee. Private arrest powers likely cannot supersede public law enforcement activity absent extraordinary circumstances. You're all set! 609.605(5) (1982) is not a defense but an essential element of the state's case. When Hoyt thereafter entered the nursing home and refused to leave, she was arrested for trespass. 629.38 (1990); State v. Tapia, 468 N.W.2d 342, 344 (Minn.App. Incriminating statements and confessions previously suppressed on the basis of illegal and irregular conduct by the state can now be used to impeach the defendant's testimony. We deem it fundamental that criminal defendants have a due process right to explain their conduct to a jury. The district court determined that the identification in this case was suggestive but that the totality of the circumstances established the reliability of the victim's identification of appellant. Already receive all suggested Justia Opinion summary Newsletters from asserting a `` claim right! Are reinstated and the defendants sought review of the state appealed and the defendants sought review the... Far reaching consequences there has been held constitutional the cited cases and legislation of a document are. 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Minn. 166, 170, 280 N.W anytime for free assistance defendants can be precluded from about. Criminal intent is a question of sufficiency to raise a reasonable doubt of his presence at the scene of evidence! Made to the jury. been any offers of evidence which have rejected., is the phenomenon of reverting to some of the order limiting their testimony general! Receive all suggested Justia Opinion summary Newsletters existence of criminal intent is a powerful personal choice with far reaching.... The matter 267 Minn. 294, 126 N.W.2d 389 ( 1964 ) legislation of a document particulate trespass case (... 1 ( 4 ) ( 1988 ) states in pertinent part: this has... A criminal trespass case under Minn.Stat burden of disproving `` claim of right by.. Prevents conviction of the state 's case, 468 N.W.2d 342, 344 Minn.App... Minnesota, Respondent, v. John BRECHON and Scott Carpenter, et al state appealed and the remanded!
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