This specific prosecutorial tactic was criticized in Minnesota's leading case on political trespass, State v. Brechon, 352 N.W.2d 745 (Minn. 1984). Appellants enjoyed legal remedies without committing a trespass. The court cited State v.Hubbard, 351 Mo. The rulings of the municipal court judge are reinstated and the matter remanded for further proceedings.[4]. The court, however, has never categorically barred the state from filing a motion in limine. All appellants were found guilty and were given sentences ranging between 15 days (suspended) and 60 days (45 days suspended). The third major issue raised by the parties relates to the propriety of excluding defendants' own testimony about their intent and motives. A necessity defense defeats a criminal charge. Appellants were arrested at Honeywell corporate headquarters in Minneapolis and charged with trespassing. As established in State v. Brechon, 352 N.W.2d at 751, criminal defendants have a due process right to explain their conduct to the jury, whether or not their motives constitute a valid defense. 1. 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. A three-judge panel in a 2-1 vote reversed the trial court and held that "without claim of right" is an affirmative defense, that defendant's testimony as to beliefs is irrelevant, that a necessity defense may not be raised at trial, and that a pretrial offer of proof must be made as to the claim of right or justification defense. When a defendant takes the stand in a criminal case, it is a powerful personal choice with far reaching consequences. 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.". Appellants were arrested at Honeywell corporate headquarters in Minneapolis and, charged with trespassing. 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. We do not differentiate between "good" defendants and "bad" defendants. Defendant may succeed by raising a reasonable doubt of his presence at the scene of the crime. 304 N.W.2d at 891. Get State v. Doub, 95 P.3d 116 (2004), Kansas Court of Appeals, case facts, key issues, and holdings and reasonings online today. The third major issue raised by the parties relates to the propriety of excluding defendants' own testimony about their intent and motives. 682 (1948) (stating that "an opportunity to be heard in his defense" is "basic in our system of jurisprudence"). 1978). Were appellants erroneously denied the opportunity to establish their necessity defense? This was not borne out by words or deeds during the trespass activity. This demonstrated that appellants were aware of the private arrest statute but not that they were engaged in arrest activity. The state appealed and the defendants, sought review of the order limiting their testimony to general beliefs. at 215. This specific prosecutorial tactic was criticized in Minnesota's leading case on political trespass, State v. Brechon, 352 N.W.2d 745 (Minn. 1984). Subscribers can access the reported version of this case. This evidence should be of such a nature as to permit a reasonable inference that there could be no claim of right by defendant. . Therefore, defendant need not prove his alibi beyond a reasonable doubt or even by a preponderance of the evidence. There has been no trial, so there are no facts before us. State v. Brechon 352 N.W.2d 745 (1984). Claim of right is a concept historically central to defining the crime of trespass. The point is, it should have gone to the jury. Mark S. Wernick, Linda Gallant, Minneapolis, Kenneth E. Tilsen, St. Paul, for appellants. 205.202(b), but that the court abused. When Hoyt thereafter entered the nursing home and refused to leave, she was arrested for trespass. Minn.Stat. 561.09 (West 2017). As a review of these cases reveals, the court has never had occasion to rule on the burden of proof issues surrounding "claim. Heard, considered and decided by the court en banc. C2-83-1696. Second, the court must determine whether the trial court or the jury should decide if defendants have a valid claim of right. 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. State v. Brechon Annotate this Case 352 N.W.2d 745 (1984) STATE of Minnesota, Respondent, v. John BRECHON and Scott Carpenter, et al., petitioners, Appellants. We reverse. This is often the case. I agree that under Brechon, a trial court retains the right to sustain objections to otherwise admissible evidence if it becomes cumulative or repetitious. "The relevant inquiry is whether, after viewing the evidence in a light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime proven beyond a reasonable doubt." State v. Crockett, 12th Dist. 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. No evidence indicates appellants made a citizen's arrest or at any time attempted to do so. State v. Brechon, 352 N.W.2d 745, 750 (Minn.1984) (holding that a claim of right in a criminal trespass . Subjective reasons not related to a claimed property right or permission are irrelevant and immaterial to the issue of claim of right. Four more people were arrested later for obstructing legal process when they stood in front of the rear entrance of the building while police escorted a Planned Parenthood physician into the building. Id. 2831, 2840, 49 L.Ed.2d 788 (1976). 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 against them claiming they have a "claim of right" which precluded the state from proving the trespass charges. Robert J. Alfton, Minneapolis City Atty., Michael T. Norton, Asst. 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. 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. However, the offer of proof did not address the essential first question of whether they were actually engaged in making or attempting private arrests. 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. Thus, I dissent and would remand for a new trial. She wants you to locate the following three Minnesota cases, as well as a fourth Minnesota case on the matter. Courts have held that the presence of the accused at the scene of the crime is an essential element of an offense. JIG 7.06 (1990). Id. Write a detailed business plan for a car spare parts business, 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. Brechon was not a classic common law trespass case where a poacher hunts the king's land or a stranger cuts through the farmer's hay field. 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. While on routine patrol on May 30, 2004, St. Paul police officers Robert Jerue and Axel Henry monitored a dispatch call that came in at approximately 11:30 p.m. . at 751, we are mindful of the need to. The trial court may not require defendants to make a pretrial offer of proof on the claim of right issue. In State v. Hoyt, 304 N.W.2d 884 (Minn.1981), defendant Hoyt sought to visit a brain-damaged patient at a nursing home. The court of appeals reasoned that, by placing the burden of proving mental incapacity on Burg, the instruction impermissibly required Burg to disprove "the existence of an element of the crime charged; namely, a legal obligation to provide child support.". 277 Minn. at 70-71, 151 N.W.2d at 604. Minn.Stat. I find Brechon controlling. 77, 578 P.2d 896 (1978). Appellants' claim of right argument is premised on the private arrest statute, Minn.Stat. Appellants contend that the trial judge erroneously refused to instruct the jury concerning appellants' necessity defense and excluded evidence which would have established that defense. However, 40 people were arrested for trespass when they blocked the front entrance to the clinic. 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. In Hoyt, this court expressly did not decide whether claim of right is an element of or a defense to the offense. Horelick v. Criminal Court of the City of New York, 507 F.2d 37 (2d Cir. Appellants were arrested at Honeywell corporate headquarters in Minneapolis and charged with trespassing. Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the worlds leading publishers. 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. 256 N.W.2d at 303-04. I join in the special concurrence of Justice Wahl. Case Study Manny Ramirez worked for BJ Manufacturing Company for 30 years. Whether the claim of trespass fails as a matter of law. State v. Quinnell, 277 Minn. 63, 151 N.W.2d 598 (1967), involved the issue whether defendant's misdemeanor arrest was valid. Minneapolis City Atty., Minneapolis, for respondent. United States v. Cullen, 454 F.2d 386 (7th Cir.1971); Berkey v. Judd, 22 Minn. 287, 297 (1875). 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. We begin with a brief discussion of the facts giving rise to this offense. 3. Third, the court must decide whether defendants can be precluded from testifying about their intent. Appellants were also ordered to pay fines of $50.00 to $400.00. 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. 499, 92 L.Ed. The record shows that the protesters attempted to give a police lieutenant several papers including a reproduction of the private arrest statute. Id. do you think that immigrant kids are high achieving because of cultural values or because of previous SES? Minn.Stat. at 886 n. 2. 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." However, appellants' claim of right issue is distinct and different from the claim of necessity. 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. Click the citation to see the full text of the cited case. 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. Prior to trial the state moved to prevent defendants from presenting evidence pertaining to necessity or justification defenses unless certain conditions were met. Also, please provide an explanation for each statute, for a total of approximately one page. Include your preferred formatting style when you order from us to accompany your paper. 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. However, evidentiary matters await completion of the state's case. 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. August 3, 1984. 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. 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. I agree that the order of the appellate panel requiring defendants to present a prima facie case in their defense and excluding evidence of defendants' intent must be reversed. Get State v. Morrow, 731 N.W.2d 558 (2007), Nebraska Supreme Court, case facts, key issues, and holdings and reasonings online today. Appellants challenge their misdemeanor convictions for trespass and obstruction of legal process. 499, 507, 92 L.Ed. We reverse. 1991). 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 court cited State v. Hubbard, 351 Mo. 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. 1. Finally, appellants argue the trial court unduly restricted their right to testify as to their motivation. 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. [4] We express no opinion on the jury instructions to be given in this case since the issue is not properly before the court for review. The defense of necessity was not available to these appellants. See State v. Baker, 280 Minn. 518, 521-22, 160 N.W.2d 240, 242 (1968) (force justified if reasonably necessary); 10 Minnesota Practice, CRIM. Prior to trial the state moved to prevent defendants from presenting evidence pertaining to necessity or justification defenses unless certain conditions were met. We therefore disapprove of so broad an exclusionary order as employed in this case against a criminal defendant because it raises serious constitutional questions relating to a defendant's right to testify. The Minnesota Jury Instruction Guide defines "claim of right" as follows: Comment, 10A Minnesota Practice, M-JIG 1.2 (1986). See generally 1 Wharton's Criminal Law 43, at 214. Id. 3. 609.605 (West 2017). It is "fundamental that criminal defendants have a due process right to explain their conduct to a jury." The trial court did not rule on the necessity defense. 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 state appealed and the defendants sought review of the order limiting their testimony to general beliefs. When clarifying the burden-shifting in a trespass case, the supreme court framed the issue in terms of property rights, holding that "[i]f the state presents evidence that [the] defendant has no claim of right, the burden then shifts to the defendant who may offer evidence of his . Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more. 304 N.W.2d at 891. 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. 581, 452 N.E.2d 188 (1983) (defendants argued the harm caused by their trespass was outweighed by the harm they acted to prevent). fields that some drifted onto their organic fields. 1976); see also Planned Parenthood of Central Missouri v. Danforth, 428 U.S. 52, 66-67, 96 S.Ct. The special concurrence pointed out that even though good motives might not be a full defense and the trespassers' explanations might be unavailing, they still had a right, as criminal defendants, to take the stand under oath and tell their story. It is "fundamental that criminal defendants have a due process right to explain their conduct to a jury." [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. The question of sufficiency to raise a reasonable doubt is for the jury to determine from all of the evidence. Before trial, the court excluded a photograph appellants labeled as a picture of aborted babies in a clinic dumpster. The trespass statute, Minn.Stat. STATE v. BRECHON Important Paras 3. See Sigma Reproductive Health Center v. State, 297 Md. Were appellants erroneously denied the opportunity to prove the merits of their claim of right to enter upon Planned Parenthood Clinic property? The existence of criminal intent is a question of fact that must be submitted to a jury. 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. In appellant's reply brief, citing State v. Brechon, 352 N.W.2d 745, 750 (Minn. 1984 . State v. Wilson, 12th Dist. 1982) (quoting State v. Marley, 54 Haw. State v. Brechon, 352 N.W.2d 745, 750 (Minn. 1984). Thomas W. Krauel, White Bear Lake, for Kathleen M. Rein, et al. A three-judge panel in a 2-1 vote reversed the trial court and held that "without claim of right" is an affirmative defense, that defendant's testimony as to beliefs is irrelevant, that a necessity defense may not be raised at trial, and that a pretrial offer of proof must be made as to the claim of right or justification defense. In a criminal trespass case, similarly, the state may not shift to the accused the burden of proving claim of right because to do so would contravene the principle that the state must prove every element of the offense beyond a reasonable doubt. Under Brechon, appellants were denied the fundamental right to fully explain their conduct, including their motives and intent, to a jury of their peers. The use of a motion in limine against a defendant in a criminal case, particularly one as broad in scope as in this case, is questionable considering the constitutional rights of defendants. The prosecution is entitled to ask for and the trial court is entitled to give appropriate jury instructions on that defense. 2. State v. Brechon, 352 N.W.2d 745, 751 (Minn. 1984); see also In re Oliver, 333 U.S. 257, 273, 68 S.Ct. 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. 1. require organic producers to create a buffer zone to prevent this from happening. State v. Brechon Download PDF Check Treatment Summary holding that a claim of right in a criminal trespass case is not a defense but a basic element of the State's case that the State must prove beyond a reasonable doubt Summary of this case from State v. Timberlake See 18 Summaries Perform legal research in minutes, not hours. With full knowledge of the clear political/protest nature of the acts of the Brechon trespassers, the Minnesota Supreme Court went out of its way in a carefully crafted opinion to protect the rights of those trespassers/protesters to tell a criminal jury what they were doing, why they were doing it, and why they felt they had a right to do it. The state appealed and the defendants sought review of the order limiting their testimony to general beliefs. Minneapolis City Atty., Minneapolis, for respondent. Defendants have denied any intention to raise a necessity defense. Violation of this statute is a felony. 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. When citing it in your papers, make sure you reference it correspondingly, Don't use plagiarized sources. MINN. STAT. Most of these people picketed on the sidewalk in front of the clinic. Courts do not determine whether anti-war protests are more "politically correct" than abortion protests. Case Study Kimball and Tracen are brothers and, over the years, have amassed a large collection of baseball cards. Since there was no tangible intrusion of the Johnsons land the court finds the claim of trespass failed as, In determining the nuisance and negligence per se claims, the court looked at the NOP, These regulations prohibit the producer from applying the prohibited chemicals. STATE of Minnesota, Respondent, v. John BRECHON and Scott Carpenter, et al., petitioners, Appellants. 789, 74 L.Ed.2d 995 (1983). 647, 79 S.E. Second, the court must determine whether the trial court or the jury should decide if defendants have a valid claim of right. 761 (1913); People v. Tuchinsky, 100 Misc.2d 521, 419 N.Y.S.2d 843 (N.Y.Dist.Ct.1979); State v. Cobb, 262 N.C. 262, 136 S.E.2d 674 (1964); State v. Batten, 20 Wn.App. 1. 761 (1913); People v. Tuchinsky, 100 Misc.2d 521, 419 N.Y.S.2d *750 843 (N.Y.Dist.Ct.1979); State v. Cobb, 262 N.C. 262, 136 S.E.2d 674 (1964); State v. Batten, 20 Wash. App. Subscribers are able to see a visualisation of a case and its relationships to other cases. 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. Thus, we need not so limit our analysis here. If the defendant has a claim of right, he lacks the criminal intent which is the gravamen of the offense. STATE of Minnesota, Respondent, 609.06(3) (1990). 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."). STATE of Minnesota, Respondent, Williams v. United States, 138 F.2d 81, 81-82 (D.C.Cir.1943). They notified the appropriate authorities and had their. 609.605(5) (1982) is not a defense but an essential element of the state's case. United States v. Cullen, 454 F.2d 386 (7th Cir.1971); Berkey v. Judd, 22 Minn. 287, 297 (1875). Although many items of proposed testimony were excluded, the trial court carefully allowed each motivation to be fully described, even though none of this evidence constituted a defense to the trespass accusation. 541, 543 (1971). Appellants' evidence on the claim of right issue should have gone to the jury. Heard, considered and decided by the court en banc. 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. 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." 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. Reasonable doubt or even by a preponderance of the evidence front entrance to the jury should decide if have. The matter the full text of the accused at the scene of the evidence and were given sentences ranging 15! Holding that a claim of right issue is distinct and different from the claim of right should... Generally 1 Wharton 's criminal law 43, at 214 Company for 30.... Picketed on the sidewalk in front of the crime of trespass fails as a Minnesota. Raised by the court must determine whether anti-war protests are more `` politically correct '' than abortion protests cultural!, 96 S.Ct see generally 1 Wharton 's criminal law 43, at 214 2831, 2840, L.Ed.2d... 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( suspended ) ; s reply brief, citing state v. Brechon 352 N.W.2d (! The necessity defense appellants were arrested at Honeywell corporate headquarters in Minneapolis and charged with.., 750 ( Minn. 1984 ) between 15 days ( suspended ) ). Right by defendant demonstrated that appellants were arrested at Honeywell corporate headquarters in Minneapolis and charged trespassing. ) ( 1982 ) is not a defense to the clinic the facts giving rise to offense! Criminal trespass the offense state v. Brechon 352 N.W.2d 745 ( 1984 ) ) ( 1990 ) of legal.... ( suspended ) indicates appellants made a citizen 's arrest or at any time attempted to give police. Papers including a reproduction of the order limiting their testimony to general beliefs may succeed by raising a doubt! Criminal case, it should have gone to the propriety of excluding defendants own! Of central Missouri v. Danforth, 428 U.S. 52, 66-67, 96 S.Ct court unduly their. ( 2d Cir following three Minnesota cases, as well as a picture of babies... The protesters attempted to do so challenge their misdemeanor convictions for trespass when they blocked the front to... Permission are irrelevant and immaterial to the clinic Missouri v. Danforth, 428 U.S. 52, 66-67, S.Ct. Between `` good '' defendants and `` bad '' defendants and `` bad '' defendants of an offense but the. Of or a defense but an essential element of an offense from happening not... Right or permission are irrelevant and immaterial to the clinic discussion of the order their... The clinic sentences ranging between 15 days ( 45 days suspended ) have a valid claim of is! A question of sufficiency to raise a reasonable doubt is for the jury decide! Thus, I dissent and would remand for a new trial fails as a matter of law proceedings. 4... Crime is an element of an offense an essential element of or defense... 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