Id. They have agreed to "ground rules * * * for an orderly and smooth trial, including a collective waiver of certain rights and limitations on both the number of defendants offering testimony and the time anticipated for such testimony." His job title was Assembly Line Manager. Make your practice more effective and efficient with Casetexts legal research suite. As a general rule in the field of criminal law, defendants. There is evidence that protesters asked police to make citizen's arrests. Minneapolis City Atty., Minneapolis, for respondent. 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). 682 (1948). Williams v. United States, 138 F.2d 81, 81-82 (D.C.Cir.1943). We deem it fundamental that criminal defendants have a due process right to explain their conduct to a jury. We therefore reverse the appellate panel's order requiring defendants to present a prima facie case on their defense3 and excluding evidence of defendants' intent. The state argues, relying primarily on State v. Paige, 256 N.W.2d 298 (Minn. 1977), that "claim of right" is merely an exception to the statute that recognizes that certain conduct is not prohibited. 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 persuasion on the prosecution to disprove the defense beyond a reasonable doubt; or (3) as an affirmative defense, requiring the defendant to go forward with evidence raising the defense and shoulder the persuasion burden of establishing such defense by a preponderance of the evidence. 682 (1948) (stating that "an opportunity to be heard in his defense" is "basic in our system of jurisprudence"). 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]. The court also prevented appellants from showing a movie entitled "The Silent Scream" to the jury. ANN. 609.605(5) (1982), provides in pertinent part: We have discussed the "claim of right" language of the trespass statute in prior cases. 2831, 2840, 49 L.Ed.2d 788 (1976). This matter is before this court in a very difficult procedural posture. Case brief State v. Brechon352 N.W.2d 745 (1984) Facts: Appellants were arrested at Honeywell corporate headquarters in Minneapolis and charged with trespassing. She wants you to locate the following three Minnesota cases, as well as a fourth Minnesota case on the matter. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. at 751, we are mindful of the need to. See United States ex rel. 1. Gen., Jane A. McPeak, St. Paul City Atty., Ivars P. Krievans, Asst. 1978). 2d 884 (1981). Id. concluding that the defendant protestors were not able to use the necessity defense because they had access to the other alternatives such as the state legislature, courts, advocacy, etc. Second, the court must determine whether the trial court or the jury should decide if defendants have a valid claim of right. In accordance with our belief, however, that "without claim of right" is integral to the definition of criminal trespass in Minnesota, and adhering to the rule that criminal statutes are to be strictly construed, we hold that "without claim of right" is an element the state must prove beyond a reasonable doubt. The existence of criminal intent is a question of fact which must be submitted to a jury. its discretion when it did consider if it would survive a summary judgement. STATE of Minnesota, Respondent, We also observe that the necessity defense claimed by appellants was principally premised on their aim to stop abortions generally, including those permitted by law. 1971) (observing danger in permitting high purpose to license illegal behavior). 541, 543 (1971). 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. 2d 39 (1979); Mullaney v. Wilbur, 421 U.S. 684, 95 S. Ct. 1881, 44 L. Ed. The court may rule that no expert testimony or objective proof may be admitted. Whether the claim of trespass fails as a matter of law. Get State v. Morrow, 731 N.W.2d 558 (2007), Nebraska Supreme Court, case facts, key issues, and holdings and reasonings online today. 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. MINN. STAT. Any other interpretation of Brechon would be goldplated naivete. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research. Second, the court must determine whether the trial court or the jury should decide if defendants have a valid claim of right. Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world. Id. 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."). John BRECHON and Scott Carpenter, et al., petitioners, Appellants. 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. Third, the court must decide whether defendants can be precluded from testifying about their intent. 789, 74 L.Ed.2d 995 (1983). In State v. Hoyt, 304 N.W.2d 884 (Minn.1981), defendant Hoyt sought to visit a brain-damaged patient at a nursing home. I join in the special concurrence of Justice Wahl. 499, 92 L.Ed. 1(4) (1990) (performance of abortion without prior explanation of its effects). This is a criminal case. Johnson, Oluf and Debra Plaintiffs - Respondents, Paynesville Farmers Union Cooperative Oil Company Defendant - Appellant, The Johnsons claimed that while the co-op was spraying pesticides on neighboring. at 306-07, 126 N.W.2d at 398. Brief Fact Summary. Most of these people picketed on the sidewalk in front of the clinic. at 886 n. 2. Did the trial court erroneously restrict appellants' testimony concerning their motivations? This demonstrated that appellants were aware of the private arrest statute but not that they were engaged in arrest activity. Finally, the defendant exposes himself to what the prosecution hopes will be a piercing cross examination that shatters the defendant's case, makes the defendant's stated excuse for the charged act appear foolish and unbelievable, and aids the prosecution in obtaining a conviction. This case does not present a complex legal issue, nor does it turn on semantics. Morissette v. United States, 342 U.S. 246, 274, 72 S.Ct. The state appealed and the defendants sought review of the order limiting their testimony to general beliefs. You already receive all suggested Justia Opinion Summary Newsletters. 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. The existence of criminal intent is a question of fact which must be submitted to a jury. Synopsis of Rule of Law. There is an exact parallel between Brechon and this case in the nature of the protests. properly denied the amended complaint as it applied to 7 C.F.R. 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. Generally speaking, necessity is an effective, Criminal defendants have a due-process right to give the jury an explanation of their conduct even if their, Full title:STATE of Minnesota, Respondent, v. Kathleen M. REIN, et al. A necessity defense defeats a criminal charge. The trial court did not rule on the necessity defense. 1982), the court held on motion for rehearing that proof of license or privilege is not an affirmative defense but evidence disproving an unlawful entry. The record shows that the protesters attempted to give a police lieutenant several papers including a reproduction of the private arrest statute. Please be advised that all the written content Acme Writers creates should be treated as reference material only. 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. 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. Subscribers are able to see a list of all the cited cases and legislation of a document. C2-83-1696. The court should also instruct the jury to disregard defendants' subjective motives in determining the issue of intent. 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. at 215. It is "fundamental that criminal defendants have a due process right to explain their conduct to a jury." 1(4) (1988) states in pertinent part: This statute has been held constitutional. Prior to trial the state moved to prevent defendants from presenting, evidence pertaining to necessity or justification defenses unless certain conditions were met. Quinnell's arrest arose from his participation in a demonstration of livestock farmers at the St. Paul Union Stockyards Company. See Gaetano v. United States, 406 A.2d 1291, 1294 (D.C.1979). Horelick v. Criminal Court of the City of New York, 507 F.2d 37 (2d Cir.1974); Gaetano v. United States, 406 A.2d 1291 (D.C.1979); Hayes v. State, 13 Ga.App. After you have located those four cases and two statues, please provide one case brief for each case, for a total of four case briefs. Robert J. Alfton, Minneapolis City Atty., Michael T. Norton, Asst. We discover, however, that we need not precisely articulate limits on private arrest powers. 277 Minn. at 70-71, 151 N.W.2d at 604. Subscribers are able to see the revised versions of legislation with amendments. It is "fundamental that criminal defendants have a due process right to explain their conduct to a jury." 647, 79 S.E. See United States ex rel. 682 (1948). Appellants contend they enjoyed the right to make a private arrest for violation of Minn.Stat. Robert J. Alfton, Minneapolis City Atty., Michael T. Norton, Asst. Appellants admit they were on the premises of Planned Parenthood and that they refused to depart when officials of Planned Parenthood, the lawful possessor, demanded they leave. 647, 79 S.E. 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. State v. Brechon. The state argues, relying primarily on State v. Paige, 256 N.W.2d 298 (Minn. 1977), that "claim of right" is merely an exception to the statute that recognizes that certain conduct is not prohibited. . Thomas W. Krauel, White Bear Lake, for Kathleen M. Rein, et al. Prior to trial the state moved to prevent defendants from presenting evidence pertaining to necessity or justification defenses unless certain conditions were met. State v. Brechon . Prior to trial the state moved to prevent defendants from presenting evidence pertaining to necessity or justification defenses unless certain conditions were met. Specifically, appellants argue that it was error to exclude: testimony of a Planned Parenthood official that counselors do not have degrees related to counseling; testimony of a counseling expert regarding what topics should properly be included in abortion counseling; and the deposition of a Planned Parenthood physician who said he did not talk to his patients prior to performing abortions. See United States v. Bowen, 421 F.2d 193, 197 (4th Cir.1970). State v. Brechon, 352 N.W.2d 745, 747-48 (Minn. 1984). require organic producers to create a buffer zone to prevent this from happening. In return for this choice, there needs to be, if we are to retain our tradition of fundamental fair play, a reason for a defendant to take the witness stand under oath and expose himself. My review of the transcript shows the trial court interrupted appellants several times sua sponte to cut off testimony on intent, motive and belief, and repeatedly sustained prosecutorial objections on the grounds of irrelevancy when appellants would move into the area of intent. 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. A review of the record reveals that defendants were given freedom to testify that (1) their actions on the day of the protest were peaceful, (2) they believed abortion was wrong, (3) they believed abortion kills a human being, (4) they believed abortion harms women, (5) their beliefs stemmed from moral or religious convictions, (6) they believed there were felonies occurring inside the building, (7) they had tried alternatives to trespass to no avail, and (8) they relied upon certain statutes which they believed gave them a right to be on the Planned Parenthood premises. Appellants pleaded not guilty and were tried before a jury. 761 (1913), where the court stated: Id. Minn.Stat. 256 N.W.2d at 303-04. Moreover, a claim under section 609.06 also involves the question of reasonable behavior, a concept akin to many elements of the defense of necessity discussed earlier. State v. Brechon. There was no evidence presented at the initial trial. The trial court may not require defendants to make a pretrial offer of proof on the claim of right issue. While the trial court may impose reasonable limits on the testimony of each defendant, id. This evidence should be of such a nature as to permit a reasonable inference that there could be no claim of right by defendant. "Claim of right" in a criminal trespass case under Minn.Stat. John BRECHON and Scott Carpenter, et al., petitioners, Appellants. As a general rule in the field of criminal law, defendants are not required to determine in advance what evidence they will use in their cases.1 The state is required to bear its burden of proof before the defendants determine whether or not they will offer any evidence and, if so, what evidence they will offer. Oftentime an ugly split. It is not up to courts to pass judgment on the "worthiness" of appellants' cause. The point is, it should have gone to the jury. See In re Oliver, 333 U.S. 257, 273, 68 S.Ct. Appellants further contend they were entitled to instructions on laws governing the conduct of Planned Parenthood staff. 143, 171 S.W.2d 701 (1943), which held that alibi is not a defense with the . A review of the trial transcript shows the trial court was overly aggressive in cutting off the testimony of appellants on the issue of their intent and the motive underlying that intent, thus denying appellants their fundamental right to explain their conduct to a jury. 1. 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.". You're all set! 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. , White Bear Lake, for Kathleen M. Rein, et al., petitioners, appellants whether can. Make citizen 's arrests of appellants ' testimony concerning their motivations she wants you to locate the following Minnesota. Be admitted police lieutenant several papers including a reproduction of the protests cases and legislation of document! General beliefs quinnell 's arrest arose from his participation in a demonstration of livestock farmers at the initial.... To locate the following three Minnesota cases, as well as a matter of law that the protesters attempted give... Carpenter, et al 342 U.S. 246, 274, 72 S.Ct evidence pertaining to necessity justification! But not that they were engaged in arrest activity, 95 S. Ct. 1881, 44 L. Ed to... 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