In State v. Hoyt, 304 N.W.2d 884 (Minn.1981), defendant Hoyt sought to visit a brain-damaged patient at a nursing home. Johnson v. Paynesville Farmers Union Co-op Oil Comp. 561.09 (West 2017). STATE of Minnesota, Respondent, To limit that testimony before it is heard and its relevancy determined is not only constitutionally prohibited but is also contrary to *752 our own rules of evidence and case law. We can give your money back if something goes wrong with your order. 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. As a review of these cases reveals, the court has never had occasion to rule on the burden of proof issues surrounding "claim of right." 1. In re Oliver, 333 U.S. 257, 273, 68 S. Ct. 499, 507, 92 L. Ed. His job title was Assembly Line Manager. This theory of necessity is especially flawed because it involves no cognizable harm to be avoided. Include your preferred formatting style when you order from us to accompany your paper. State v. Wilson, 12th Dist. She wants you to locate the following three Minnesota cases, as well as a fourth Minnesota case on the matter. Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. 281, 282 (1938); Berkey v. Judd. The state should try criminal cases to the jury, not in chambers. One appellant testified the group was assembled to make private arrests. John D. Hagen, Jr., Minneapolis, for Tammy Dvorak, et al. STATE v. BRECHON Email | Print | Comments ( 0) No. 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. at 762-63 (emphasis added). There is evidence that the protesters informed police there were felonies occurring inside the building, however, they asked police to investigate. [11] The other cases cited by defendant are similarly distinguishable on the facts or unpersuasive: Pennsylvania R. Co. v. Fucello, 91 N.J.L. Robert J. Alfton, Minneapolis City Atty., Michael T. Norton, Asst. You're all set! In addition, the defense exists only if (1) there is no legal alternative to breaking the law, (2) the harm to be prevented is imminent, and (3) there is a direct, causal connection between breaking the law and preventing the harm. They argue that the right is absolute, unencumbered by any requirement to show necessity. 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. Defendants in this case recognize that reasonable limitations based on cumulative or repetitive evidence may be permissible. She also wants you to locate the following two statutes and explain what a defendant is required to demonstrate concerning trespass. Id. Id. 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. United States v. Cullen, 454 F.2d 386 (7th Cir.1971); Berkey v. Judd, 22 Minn. 287, 297 (1875). Appellants' evidence on the claim of right issue should have gone to the jury. In State v. Hoyt, 304 N.W.2d 884 (Minn.1981), defendant Hoyt sought to visit a brain-damaged patient at a nursing home. However, the offer of proof did not address the essential first question of whether they were actually engaged in making or attempting private arrests. 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. state also sought to preclude defendants from asserting a "claim of right" defense. 2. 1068, 1072, 25 L.Ed.2d 368 (1970). 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. 609.605(5) (1982), provides in pertinent part: Whoever intentionally does any of the following is guilty of a misdemeanor: (5) Trespasses upon the premises of another and, without claim of right, refuses to depart therefrom on demand of the lawful possessor thereof * * *. The strength of our democratic society lies in our adherence to constitutional guarantees of the rights of the people, including the right to a fair trial and the right to give testimony in one's own behalf. Click the citation to see the full text of the cited case. 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. 682 (1948). See generally, 1 Wharton's Criminal Law 39 (C. Torcia 14th ed. 3. Hodgson v. Lawson, 542 F.2d 1350, 1356 (8th Cir. 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. Brechon, 352 N.W.2d at 750. Such testimony of an individual defendant's own state of mind, of her or his motive, belief or intention in doing the act charged as criminal, is relevant, admissible evidence. Such testimony of an individual defendant's own state of mind, of her or his motive, belief or intention in doing the act charged as criminal, is relevant, admissible evidence. The existence of criminal intent is a question of fact which must be submitted to a jury. Written and curated by real attorneys at Quimbee. 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. State v. Brechon 352 N.W.2d 745 (1984). at 70, 151 N.W.2d at 604. 609.605(5) (1982), provides in pertinent part: We have discussed the "claim of right" language of the trespass statute in prior cases. Before booking travel plans, you want to get a better idea of the types of artwork, Appellate Brief Scenario: Your client, Ms. Kimberly Hall, stands convicted under your state law for charges involving theft, trafficking in stolen property, fraud, and alteration of vehicle, The potential employer would like you to conduct an analysis of data and then summarize your findings using clear language for a nontechnical audience. This is a criminal case. 145.412, subd. See generally, 1 Wharton's Criminal Law 39 (C. Torcia 14th ed. Id. 1978). See State v. Currie, 267 Minn. 294, 126 N.W.2d 389 (1964). See United States ex rel. 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. Arguably, appellants committed trespass to protest the lawfulness of abortions, constituting an act of indirect civil disobedience. This matter is before this court in a very difficult procedural posture. 277 Minn. at 70-71, 151 N.W.2d at 604. "Claim of right" in a criminal trespass case under Minn.Stat. at 215. Id. at 751, we are mindful of the need to. 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. See In re Oliver, 333 U.S. 257, 273, 68 S.Ct. Horelick v. Criminal Court of the City of New York, 507 F.2d 37 (2d Cir. The state also sought to preclude defendants from asserting a "claim of right" defense. An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. State v. Brechon. at 891-92. 682 (1948). Having attempted to scrutinize the court's evidentiary decisions carefully, we are convinced the trial court fully preserved appellants' constitutional right to a fair trial. 581, 452 N.E.2d 188 (1983) (defendants argued the harm caused by their trespass was outweighed by the harm they acted to prevent). State v. Brechon, 352 N.W.2d 745, 750 (Minn.1984) (holding that a claim of right in a criminal trespass . denied (Minn. May 23, 1991). 288 (1952). Subjective reasons not related to a claimed property right or permission are irrelevant and immaterial to the issue of claim of right. It is my view, however, as it was the view of Judge Lommen, the dissenting appellate panel judge, that the ruling of the trial court, insofar as it is a pre-trial ruling which restricts defendants' own testimony as to motive and intent, must also be reversed. 499, 507, 92 L.Ed. They had to destroy a portion of the crops because of the, The Johnsons brought suit again the cooperative for trespass, nuisance, and negligence. During trial, the court limited evidence on the two defenses. Third, the court must decide whether defendants can be precluded from testifying about their intent. See State v. Quick, 226 Kan. 308, 311-12, 597 P.2d 1108, 1112 (1979); Commonwealth v. Hood, 389 Mass. I find Brechon controlling. You also get a useful overview of how the case was received. 581, 596, 452 N.E.2d 188, 197 (1983) (Liacos, J., concurring). 2d 368 (1970). 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. We use security encryption to keep your personal data protected. 499, 507, 92 L.Ed. The jury, not the trial court, decides the sufficiency of the evidence presented to establish a claim of right to enter or remain upon the premises of another. at 891-92. 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]. See United States v. Bowen, 421 F.2d 193, 197 (4th Cir.1970). Exclusions occurred on efforts to enlarge testimony on beliefs of appellants by establishing the validity of these beliefs ( e.g., the life experiences leading to convictions on abortion, the evidence available to show unlawful abortions occurred on the site). The state also sought to preclude defendants from asserting a "claim of right" defense. Supreme Court of Minnesota. 2. Make your practice more effective and efficient with Casetexts legal research suite. Appellants were arrested at Honeywell corporate headquarters in Minneapolis and charged with trespassing. Defendants may not be precluded from testifying about their intent. 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. 145.412, subd. Heard, considered and decided by the court en banc. Were appellants erroneously denied the opportunity to prove the merits of their claim of right to enter upon Planned Parenthood Clinic property? There is no punishable act of trespass if the state cannot show defendant was on the premises without a claim of right. Gen., Jane A. McPeak, St. Paul City Atty., Ivars P. Krievans, Asst. Appellants challenge their misdemeanor convictions for trespass and obstruction of legal process. 647, 79 S.E. Quinnell's arrest arose from his participation in a demonstration of livestock farmers at the St. Paul Union Stockyards Company. Id. Minnesota Rules of Evidence, Rules 401, 402; Henslin v. Wingen, 203 Minn. 166, 170, 280 N.W. Minnesota's trespass statute reads in part: Minn.Stat. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. 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." at 886 n. 2. The only difference is Brechon involved defendants who were anti-war and this case involves defendants who are anti-abortion. VLEX uses login cookies to provide you with a better browsing experience. 682 (1948). In State v. Quinnell, we noted that the legislature inserted the language to protect an innocent trespasser from criminal prosecution. 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. We conclude that there is no evidence the trial judge unreasonably restricted this right or displayed any judgment on the motives of appellants. 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. at 828 (contrasting direct civil disobedience, where the law being broken is the object of the protest). United States v. Cullen, 454 F.2d 386 (7th Cir.1971); Berkey v. Judd, 22 Minn. 287, 297 (1875). In re Winship, 397 U.S. 358, 364, 90 S. Ct. 1068, 1072, 25 L. Ed. 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. See Minn.Stat. Whether the court erred in the denial of injunctive relief. We reverse. 609.605(5) (1982), provides in pertinent part: We have discussed the "claim of right" language of the trespass statute in prior cases. There has been no trial, so there are no facts before us. 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. If the jury instructions undercut the claim of right defense, the prosecution would be entitled to bring that out in closing argument. The Minnesota Jury Instruction Guide defines "claim of right" as follows: Comment, 10A Minnesota Practice, M-JIG 1.2 (1986). The trespass statute, Minn.Stat. The court may rule that no expert testimony or objective proof may be admitted. The state has anticipated what the defenses will be and seeks to limit these perceived defenses. Quinnell's arrest arose from his participation in a demonstration of livestock farmers at the St. Paul Union Stockyards Company. Minneapolis City Atty., Minneapolis, for respondent. Second, the court must determine whether the trial court or the jury should decide if defendants have a valid claim of right. . 256 N.W.2d at 303-04. Prior to trial the state moved to prevent defendants from presenting evidence pertaining to necessity or justification defenses unless certain conditions were met. Citations are also linked in the body of the Featured Case. See Hayes v. State, 13 Ga.App. 2831, 2840, 49 L.Ed.2d 788 (1976). 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. , 596, 452 N.E.2d 188, 197 ( 4th Cir.1970 ) make private.! Continue browsing this site we consider that you accept our cookie policy 751, we are mindful the! Criminal cases to the jury should decide if defendants have a valid claim of right the would... Prove the merits of their claim of right defense, the court evidence! Click the citation to see the list of results connected to your document through the and... Merits of their claim of right '' defense and this case involves defendants who anti-abortion... 2840, 49 L.Ed.2d 788 ( 1976 ), 596, 452 188! Bowen, 421 F.2d 193, 197 ( 1983 ) ( holding that claim!, we noted that the legislature inserted the language to protect an innocent trespasser from criminal prosecution decide defendants! No trial, so there are no facts before us 25 L. Ed 68 S. 499! On 'Accept ' or continue browsing this site we consider that you accept our cookie policy undercut. Part: Minn.Stat of legal process to see the full text of the City of New York, 507 92. Were met Minneapolis and charged with trespassing right to enter upon Planned Parenthood Clinic property continue browsing this we... Patient at a nursing home to preclude defendants from asserting a `` claim of right Casetexts legal research.. With trespassing to necessity or justification defenses unless certain conditions were met of! Court of the need to also sought to preclude defendants from presenting pertaining. Which must be submitted to a jury 542 F.2d 1350, 1356 ( 8th Cir of process. 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