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. In Hoyt, this court expressly did not decide whether claim of right is an element of or a defense to the offense. 145.412, subd. 1. Appellants were arrested at Honeywell corporate headquarters in Minneapolis and, charged with trespassing. 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. 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." 682 (1948). 1991), pet. Thus, we need not so limit our analysis here. 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. Thomas W. Krauel, White Bear Lake, for Kathleen M. Rein, et al. Robert J. Alfton, Minneapolis City Atty., Michael T. Norton, Asst. See generally 1 Wharton's Criminal Law 43, at 214. 1068, 1072, 25 L.Ed.2d 368 (1970). In order to place the burden of proving the "exception" on the defendant, a court must decide that the act in itself, without the exception, is "ordinarily dangerous to society or involves moral turpitude" and that requiring the state to prove the acts would place an impossible burden on the prosecution. Both the issues of war and abortion produce a deep split in America's fabric. In Hoyt, this court expressly did not decide whether claim of right is an element of or a defense to the offense. You already receive all suggested Justia Opinion Summary Newsletters. 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. Minneapolis City Atty., Minneapolis, for respondent. 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. 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. 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. *747 Mark S. Wernick, Linda Gallant, Minneapolis, Kenneth E. Tilsen, St. Paul, for appellants. Minneapolis City Atty., Minneapolis, for respondent. The question of sufficiency to raise a reasonable doubt is for the jury to determine from all of the evidence. Horelick v. Criminal Court of the City of New York, 507 F.2d 37 (2d Cir. As a review of these cases reveals, the court has never had occasion to rule on the burden of proof issues surrounding "claim. 256 N.W.2d at 303-04. . State v. Harris, 590 N.W.2d 90, 98 . Course Hero is not sponsored or endorsed by any college or university. Id. 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. 77, 578 P.2d 896 (1978). Johnson v. Paynesville Farmers Union Co-op Oil Comp., 817 N.W.2d 693 (2012). Among those jurisdictions that define claim of right as defendant's reasonable belief in a right to enter the property, it is usually assumed that claim of right is a defense. All sentences were stayed by the court of appeals pending this appeal. MINN. STAT. As a general rule in the field of criminal law, defendants. Elliot C. Rothenberg, Minneapolis, for North Star Legal Foundation. 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. . Arguably, appellants committed trespass to protest the lawfulness of abortions, constituting an act of indirect civil disobedience. The state appealed and the defendants sought review of the order limiting their testimony to general beliefs. STATE of Minnesota, Respondent, v. John BRECHON and Scott Carpenter, et al., petitioners, Appellants. at 215. See United States v. Bowen, 421 F.2d 193, 197 (4th Cir.1970). Courts do not determine whether anti-war protests are more "politically correct" than abortion protests. She also wants you to locate the following two statutes and explain what a defendant is required to demonstrate concerning trespass. STATE of Minnesota, Respondent, 277 Minn. at 70-71, 151 N.W.2d at 604. State v. Burg, 633 N.W.2d 94, 99 (Minn.App.2001). Third, the court must decide whether defendants can be precluded from testifying about their intent. claim not based on 7 C.F.R. 660, 688-89, 467 A.2d 483, 497 (1983) (necessity defense not available to protesters where there were legal alternatives); United States v. Cullen, 454 F.2d 386, 392 (7th Cir. Appellants enjoyed legal remedies without committing a trespass. 2. See generally, 1 Wharton's Criminal Law 39 (C. Torcia 14th ed. Make your practice more effective and efficient with Casetexts legal research suite. Appellants had access to the state legislature, courts, and law enforcement organizations. I do not bother my head with whether appellants should protest against "X" (because I disagree with "X") but not protest against "Y" (because I agree with "Y"). This matter is before this court in a very difficult procedural posture. 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." The only difference is Brechon involved defendants who were anti-war and this case involves defendants who are anti-abortion. Therefore, defendant need not prove his alibi beyond a reasonable doubt or even by a preponderance of the evidence. 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." Violation of this statute is a felony. ANN. [2] In State v. Hunt, 630 S.W.2d 211 (Mo.Ct.App. In re Oliver, 333 U.S. 257, 273, 68 S.Ct. 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. This is often the case. 609.06(3) (1990). Defendants may not be precluded from testifying about their intent. 205.202(b) was still viable. Appellants challenge their misdemeanor convictions for trespass and obstruction of legal process. denied, 459 U.S. 1147, 103 S. Ct. 789, 74 L. Ed. Claim of right evidence, as part of the state's case, is distinguishable from the necessity defense involved in such cases as Seward (defendants failed in offer of proof to meet requirements for necessity defense); United States v. Simpson, 460 F.2d 515 (9th Cir.1972) (defendants sought to introduce evidence regarding a justification defense); United States v. Kroncke, 459 F.2d 697 (8th Cir.1972) (defendants contended court erred in refusing to submit defense of justification to the jury); Cleveland v. Municipality of Anchorage, 631 P.2d 1073 (Alaska 1981) (anti-abortion protesters claimed their actions were necessary to avert imminent peril to life); State v. Marley, 54 Hawaii 450, 509 P.2d 1095 (1973) (Honeywell protesters contended they should be exonerated because the necessity defense applied to their actions); Commonwealth v. Hood, 389 Mass. 682 (1948). 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. 647, 79 S.E. The existence of criminal intent is a question of fact that must be submitted to a jury. View Case Cited Cases Citing Case Cited Cases Listed below are the cases that are cited in this Featured Case. 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. She also wants you to locate the following two statutes and explain what a defendant is required to demonstrate concerning trespass. 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 * * *. Written and curated by real attorneys at Quimbee. Id. The court also prevented appellants from showing a movie entitled "The Silent Scream" to the jury. 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. The. 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. Defendant may succeed by raising a reasonable doubt of his presence at the scene of the crime. Before trial, the court excluded a photograph appellants labeled as a picture of aborted babies in a clinic dumpster. Private arrest powers likely cannot supersede public law enforcement activity absent extraordinary circumstances. 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. 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. Appellants were also ordered to pay fines of $50.00 to $400.00. However, evidentiary matters await completion of the state's case. Id. 4 (1988). 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. John D. Hagen, Jr., Minneapolis, for Tammy Dvorak, et al. See State v. Brechon. deem the wording applied to it to include the drift from the cooperative, because the regulations. 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. Minn.Stat. United States Appellate Court of Illinois. 761 (1913), where the court stated: Id. The state appealed and the defendants sought review of the order limiting their testimony to general beliefs. Although defendant had not raised the issue, the court found no evidence that defendant had a claim of right. Robert J. Alfton, Minneapolis City Atty., Michael T. Norton, Asst. at 306-07, 126 N.W.2d at 398. 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). fields tested, as there are strict guidelines to be an organic farm. Prior to trial the state moved to prevent defendants from presenting, evidence pertaining to necessity or justification defenses unless certain conditions were met. Minn.Stat. 1978). The state has anticipated what the defenses will be and seeks to limit these perceived defenses. STATE v. BRECHON Email | Print | Comments ( 0) No. 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. You also get a useful overview of how the case was received. Elliot C. Rothenberg, Minneapolis, for North Star Legal Foundation. This matter is before this court in a very difficult procedural posture. 629.38 (1990); State v. Tapia, 468 N.W.2d 342, 344 (Minn.App. Most of the cards, is the phenomenon of reverting to some of the activities and preoccupations of earlier developmental stages. When Hoyt thereafter entered the nursing home and refused to leave, she was arrested for trespass. 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. Whether the court erred in the denial of the motion to amend. Subscribers are able to see a visualisation of a case and its relationships to other cases. 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. The existence of criminal intent is a question of fact which must be submitted to a jury. 1881, 44 L.Ed.2d 508 (1975). Reach out to our support agents anytime for free assistance. The existence of criminal intent is a question of fact which must be submitted to a jury. Hodgson v. Lawson, 542 F.2d 1350, 1356 (8th Cir. Oftentime an ugly split. Click the citation to see the full text of the cited case. The trial court ruled that the state had the burden of disproving "claim of. 145.412, subd. See United States ex rel. Id. The trespass statute, Minn.Stat. 304 N.W.2d at 891. Quinnell's arrest arose from his participation in a demonstration of livestock farmers at the St. Paul Union Stockyards Company. C2-83-1696. 609.605(5) (1982) is not a defense but an essential element of the state's case. 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. [11] The other cases cited by defendant are similarly distinguishable on the facts or unpersuasive: Pennsylvania R. Co. v. Fucello, 91 N.J.L. Defendants' right to be heard in their own defense is basic in our system of jurisprudence. This is a criminal case. Nor have there been any offers of evidence which have been rejected by the trial court. Prior to trial the state moved to prevent defendants from presenting evidence pertaining to necessity or justification defenses unless certain conditions were met. We conclude neither has merit. I also believe, however, a careful reading of the spirit and letter of Brechon admonishes the trial court to be cautious in cutting off admissible evidence on intent merely because it remotely resembles other evidence previously offered. Finally, appellants argue the trial court unduly restricted their right to testify as to their motivation. 609.605 (West 2017). 1(4) (1990) (performance of abortion without prior explanation of its effects). We are not required to comb ancient precedent to divine the analytical bent of a judicial tribunal centuries dead. 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. 682 (1948). 281, 282 (1938); Berkey v. Judd. 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. Id. ACCEPT. What do you make of the "immigrant paradox"? They had to destroy a portion of the crops because of the, The Johnsons brought suit again the cooperative for trespass, nuisance, and negligence. Subjective reasons not related to a claimed property right or permission are irrelevant and immaterial to the issue of claim of right. BJ is in the. The state argues, relying primarily on State v. Paige. The court held that Hoyt did not know that the patient's guardians had acquiesced in the nursing home's letter refusing Hoyt permission to visit the patient. 629.37 provides: A private person may arrest another: Appellants' interpretation of the citizen's arrest right is expansive. That reason is the right, for better or for worse, to tell the jury your story, your full story, through your own eyes. United States v. Schoon, 939 F.2d 826, 829 (9th Cir. The defense of necessity was not available to these appellants. Parties:State of Minnesota - Respondent - Plaintiff John Brechon - Appellant - Defendant Scott Carpenter - Appellant - Defendant Statement of Facts: Defendants were arrested for trespass onto Honeywell property. Minn.Stat. 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