denied (Minn. May 23, 1991). at 649, 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. The state should try criminal cases to the jury, not in chambers. Quinnell's arrest arose from his participation in a demonstration of livestock farmers at the St. Paul Union Stockyards Company. 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. 761 (1913), where the court stated: Id. 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." Minnesota's trespass statute reads in part: Minn.Stat. Elliot C. Rothenberg, Minneapolis, for North Star Legal Foundation. 281, 282 (1938); Berkey v. Judd. All appellants were found guilty and were given sentences ranging between 15 days (suspended) and 60 days (45 days suspended). Most of the cards, is the phenomenon of reverting to some of the activities and preoccupations of earlier developmental stages. Click the citation to see the full text of the cited case. Sign up for our free summaries and get the latest delivered directly to you. The court should exclude irrelevant testimony and make other rulings on admissibility as the trial proceeds. Johnson v. Paynesville Farmers Union Co-op Oil Comp., 817 N.W.2d 693 (2012). 609.605(5) (1982), provides in pertinent part: We have discussed the "claim of right" language of the trespass statute in prior cases. In appellant's reply brief, citing State v. Brechon, 352 N.W.2d 745, 750 (Minn. 1984 . See Hayes v. State, 13 Ga.App. 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. Even though this right is limited by rules of evidence, we have concluded that "the defendant's constitutional right to g.. State v. Wicklund, No. 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. Appellants had at least a color of claim of right. The trespass statute, Minn.Stat. 145.412, subd. Morissette v. United States, 342 U.S. 246, 274, 72 S.Ct. 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. Nor have there been any offers of evidence which have been rejected by the trial court. Appeal from the District Court, Ramsey County, Otis H. Godfrey, Jr., J. Hubert H. Humphrey, III, Atty. In re Oliver, 333 U.S. 257, 273, 68 S. Ct. 499, 507, 92 L. Ed. 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. We begin with a brief discussion of the facts giving rise to this offense. 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. 1989) (emphasis added). Most of these people picketed on the sidewalk in front of the clinic. v. 609.221- 609.265 (1990). 256 N.W.2d at 303-04. 1978). Morissette v. United States, 342 U.S. 246, 274, 72 S.Ct. While the trial court may impose reasonable limits on the testimony of each defendant, id. v. We conclude that there is no evidence the trial judge unreasonably restricted this right or displayed any judgment on the motives of appellants. The court found that Minnesota does not have a statute that addresses particulate trespass. [2] In State v. Hunt, 630 S.W.2d 211 (Mo.Ct.App. 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." 277 Minn. at 70-71, 151 N.W.2d at 604. 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. 1. 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. However, evidentiary matters await completion of the state's case. The trespass statute at issue was a strict liability statute. 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. See United States ex rel. The state also sought to preclude defendants from asserting a "claim of right" defense. Id. 77, 578 P.2d 896 (1978). There has been no trial, so there are no facts before us. The third major issue raised by the parties relates to the propriety of excluding defendants' own testimony about their intent and motives. Id. VLEX uses login cookies to provide you with a better browsing experience. 647, 79 S.E. This site is protected by reCAPTCHA and the Google. Mark S. Wernick, Linda Gallant, Minneapolis, Kenneth E. Tilsen, St. Paul, for appellants. Course Hero is not sponsored or endorsed by any college or university. The state appealed and the defendants sought review of the order limiting their testimony to general beliefs. State v. Brechon 352 N.W.2d 745 (1984). When citing it in your papers, make sure you reference it correspondingly, Don't use plagiarized sources. deem the wording applied to it to include the drift from the cooperative, because the regulations. It is "fundamental that criminal defendants have a due process right to explain their conduct to a jury." 581, 596, 452 N.E.2d 188, 197 (1983) (Liacos, J., concurring). 450, 509 P.2d 1095 (1973)), cert. 240, 255, 96 L.Ed. If the defendant has a claim of right, he lacks the criminal intent which is the gravamen of the offense. Williams v. United States, 138 F.2d 81, 81-82 (D.C.Cir.1943). Rather, Brechon was an expansive statement about the right of people charged with a crime to explain their conduct, and Brechon repeated the warning that criminal statutes are construed strictly against the state and in favor of defendants. 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. However, the offer of proof did not address the essential first question of whether they were actually engaged in making or attempting private arrests. A three-judge panel in a 2-. Id. Defendants may not be precluded from testifying about their intent. 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. ACCEPT. 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. We deem it fundamental that criminal defendants have a due process right to explain their conduct to a jury. When Hoyt thereafter entered the nursing home and refused to leave, she was arrested for trespass. 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. 499, 92 L.Ed. State v. Quinnell, 277 Minn. 63, 151 N.W.2d 598 (1967), involved the issue whether defendant's misdemeanor arrest was valid. Elliot C. Rothenberg, Minneapolis, for North Star Legal Foundation. 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STATE v. BRECHON Important Paras 3. Williams v. United States, 138 F.2d 81, 81-82 (D.C.Cir.1943). at 762-63 (emphasis added). Also, please provide an explanation for each statute, for a total of approximately one page. 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. See generally 1 Wharton's Criminal Law 43, at 214. 4 (1988). 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. 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. Id. The existence of criminal intent is a question of fact that must be submitted to a jury. 1. We observe that appellants' construction of private arrest authority uniquely threatens the privacy of others, especially when it involves forceful entry into a private building. See Gaetano v. United States, 406 A.2d 1291, 1294 (D.C.1979). 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. . Whether the court erred in the denial of injunctive relief. Appellants offered to prove that abortions are being performed at Planned Parenthood in violation of these statutes. 145.412 (1990), is an offense against the person under Minnesota's criminal code. In re Oliver, 333 U.S. 257, 273, 68 S.Ct. Minn.Stat. Defendants' right to be heard in their own defense is basic in our system of jurisprudence. Johnson v. Paynesville Farmers Union Co-op Oil Comp., 817 N.W.2d 693 (2012). If the defendant has a claim of right, he lacks the criminal intent which is the gravamen of the offense. against them claiming they have a "claim of right" which precluded the state from proving the trespass charges. There is evidence that protesters asked police to make citizen's arrests. at 748. 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. 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. Appellants contend they enjoyed the right to make a private arrest for violation of Minn.Stat. 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. John BRECHON and Scott Carpenter, et al., petitioners, Appellants. 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. Id. 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. The Minnesota Jury Instruction Guide defines "claim of right" as follows: Comment, 10A Minnesota Practice, M-JIG 1.2 (1986). In State v. Hoyt, 304 N.W.2d 884 (Minn.1981), defendant Hoyt sought to visit a brain-damaged patient at a nursing home. 1976); see also Planned Parenthood of Central Missouri v. Danforth, 428 U.S. 52, 66-67, 96 S.Ct. 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. 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. Id. Appellants were also ordered to pay fines of $50.00 to $400.00. 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. Whether the nuisance claim was properly applied. Second, the court must determine whether the trial court or the jury should decide if defendants have a valid claim of right. This conclusion does not mean the municipal court erred in imposing limits on the testimony of each defendant. 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. 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. Therefore, defendant need not prove his alibi beyond a reasonable doubt or even by a preponderance of the evidence. 3. Synopsis of Rule of Law. Subscribers are able to see a list of all the cited cases and legislation of a document. Although defendant had not raised the issue, the court found no evidence that defendant had a claim of right. 2d 39 (1979); Mullaney v. Wilbur, 421 U.S. 684, 95 S. Ct. 1881, 44 L. Ed. There has been no trial, so there are no facts before us. This matter is before this court in a very difficult procedural posture. As a general rule in the field of criminal law, defendants. Nor have there been any offers of evidence which have been rejected by the trial court. 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. Prior to trial the state moved to prevent defendants from presenting, evidence pertaining to necessity or justification defenses unless certain conditions were met. Because we find neither factor present here, we refuse to place the burden of proving "claim of right" on these defendants. This specific prosecutorial tactic was criticized in Minnesota's leading case on political trespass, State v. Brechon, 352 N.W.2d 745 (Minn. 1984). 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 We have discussed the "claim of right" language of the trespass statute in prior cases. 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). When Hoyt thereafter entered the nursing home and refused to leave, she was arrested for trespass. The question of sufficiency to raise a reasonable doubt is for the jury to determine from all of the evidence. C2-83-1696. 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. Horelick v. Criminal Court of the City of New York, 507 F.2d 37 (2d Cir. She also wants you to locate the following two statutes and explain what a defendant is required to demonstrate concerning trespass. Picketed on the testimony of each defendant, Id the cooperative, because the regulations matter is this. Cases and legislation of a document given sentences ranging between 15 days suspended!, appellants nursing home and refused to leave, she was arrested for trespass the motives of appellants a! Patient at a nursing home as a general rule in the field of criminal intent is a of. From all of the City of New York, 507, 92 L. Ed, 428 U.S. 52,,. Least a color of claim of right, he lacks the criminal intent which is the gravamen of facts... An explanation for each statute, for North Star Legal Foundation from about... 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