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. 2831, 2840, 49 L.Ed.2d 788 (1976). 145.412 (1990), is an offense against the person under Minnesota's criminal code. 2. The court also held the jury decides the sufficiency of the evidence presented to establish a claim of right; the trial court may not . 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. Moreover, Schoon may have even greater impact. at 82. Appellants were arrested at Honeywell corporate headquarters in Minneapolis and charged with trespassing. The trial court did not err either in excluding evidence meant to establish a necessity defense or in refusing to instruct the jury concerning this defense. 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. 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. They argue that the right is absolute, unencumbered by any requirement to show necessity. However, the offer of proof did not address the essential first question of whether they were actually engaged in making or attempting private arrests. 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. Brechon, 352 N.W.2d 745 (1984). This case comes to us on appeal from questions certified to the Minnesota Court of Appeals from the Dakota County District Court regarding two mistake of law defenses-reliance on advice of counsel and reliance on an official interpretation of the law. 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. The court refused this motion and elected to decide admissibility of evidence as the trial progressed. Prior to trial the state moved to prevent defendants from presenting evidence pertaining to necessity or justification defenses unless certain conditions were met. JIG 7.06 (1990). 609.605 (West 2017). STATE v. BRECHON Email | Print | Comments ( 0) No. 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. August 3, 1984. Click the citation to see the full text of the cited case. 277 Minn. at 70-71, 151 N.W.2d at 604. 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. denied (Minn. May 23, 1991). Therefore, defendant need not prove his alibi beyond a reasonable doubt or even by a preponderance of the evidence. 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.". 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. Quimbee has over 36,300 case briefs (and counting) keyed to 984 casebooks https://www.quimbee.com/case-briefs-. The. The state also sought to preclude defendants from asserting a "claim of right" defense. BJ is in the. 2d 368 (1970). No. See United States ex rel. See generally, 1 Wharton's Criminal Law 39 (C. Torcia 14th ed. United States v. Cullen, 454 F.2d 386 (7th Cir.1971); Berkey v. Judd, 22 Minn. 287, 297 (1875). This matter is before this court in a very difficult procedural posture. against them claiming they have a "claim of right" which precluded the state from proving the trespass charges. There is no punishable act of trespass if the state cannot show defendant was on the premises without a claim of right. Considered and decided by KLAPHAKE, P.J., and RANDALL and CRIPPEN, JJ. 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. 1974); Batten v. Abrams. Reach out to our support agents anytime for free assistance. This matter is before this court in a very difficult procedural posture. 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"). In pre-trial motion proceedings the trial court was asked to exclude evidence offered to establish a necessity defense or a claim of right defense. 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. Defendants' right to be heard in their own defense is basic in our system of jurisprudence. The court, however, has never categorically barred the state from filing a motion in limine. 205.202(b) was still viable. 205.202(b), but that the court abused. We agree with the dissenting judge here that a protester's right to state motives must be guaranteed in all cases, unlimited by judicial opinion that an abortion protest is more or less acceptable than other protests. 3. Because we find neither factor present here, we refuse to place the burden of proving "claim of right" on these defendants. 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). Subscribers can access the reported version of this case. We have discussed the "claim of right" language of the trespass statute in prior cases. "Claim of right" in a criminal trespass case under Minn.Stat. Defendants may not be precluded from testifying about their intent. They notified the appropriate authorities and had their. The courts do not recognize harm in a practice specifically condoned by law. She wants you to locate the following three Minnesota cases, as well as a fourth Minnesota case on the matter. at 762-63 (emphasis added). During trial, the court limited evidence on the two defenses. 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."). 281, 282 (1938); Berkey v. Judd. Elliot C. Rothenberg, Minneapolis, for North Star Legal Foundation. However, evidentiary matters await completion of the state's case. at 751, we are mindful of the need to. Appellants challenge their misdemeanor convictions for trespass and obstruction of legal process. I find the trial court improperly limited appellants' offered testimony on the issue of claim of right. Williams v. United States, 138 F.2d 81, 81-82 (D.C.Cir.1943). The Minnesota Jury Instruction Guide defines "claim of right" as follows: Comment, 10A Minnesota Practice, M-JIG 1.2 (1986). Nor have there been any offers of evidence which have been rejected by the trial court. Advanced A.I. Subscribers are able to see a visualisation of a case and its relationships to other cases. 499, 507, 92 L.Ed. 609.605(5) (1982), provides in pertinent part: We have discussed the "claim of right" language of the trespass statute in prior cases. They have provided you with a data set called. The state presented evidence regarding the Minnesota Bureau of Criminal Apprehension's investigation of the shooting, as well as forensic evidence collected at the at 886 n. 2. State v. Hoyt, 304 N.W. The court cited State v.Hubbard, 351 Mo. In State v. Hoyt, 304 N.W.2d 884 (Minn.1981), defendant Hoyt sought to visit a brain-damaged patient at a nursing home. United States v. Hawk, 497 F.2d 365 (9th Cir.1974) (defendant permitted to testify without restriction to his motive and intent in failing to file income tax returns); United States v. Cullen (defendant given unlimited opportunity to testify to his character and motivation in burning Selective Service records); United States v. Owens, 415 F.2d 1308 (6th Cir.1969) (defendant allowed to testify at great length to his reasons for refusing induction); State v. Marley, 54 Hawaii 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."). Whether the nuisance claim was properly applied. Third, the court must decide whether defendants can be precluded from testifying about their intent. . ANN. Minneapolis City Atty., Minneapolis, for respondent. There is evidence that protesters asked police to make citizen's arrests. 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. [3] The district court appellate panel ruled that defendants must establish the four elements of a necessity defense outlined in United States v. Seward, 687 F.2d 1270 (10th Cir.1982), cert. 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. 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. Minn.Stat. United States v. Cullen, 454 F.2d 386 (7th Cir.1971); Berkey v. Judd, 22 Minn. 287, 297 (1875). 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. 1991), pet. 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. 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. at 886 n. 2. Finally, appellants argue the trial court unduly restricted their right to testify as to their motivation. at 82. The question of sufficiency to raise a reasonable doubt is for the jury to determine from all of the evidence. Williams v. United States, 138 F.2d 81, 81-82 (D.C.Cir.1943). The only difference is Brechon involved defendants who were anti-war and this case involves defendants who are anti-abortion. Click the citation to see the full text of the cited case. 304 N.W.2d at 891. 1 vote reversed the trial court and held that "without claim of right" is an affirmative defense, Fourteenth Amendment to the United States Constitution. 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. 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. This matter is before this court in a very difficult procedural posture. 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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. at 649, 79 S.E. We begin with a brief discussion of the facts giving rise to this offense. 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. 682 (1948). 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. at 891-92. 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. The rulings of the municipal court judge are reinstated and the matter remanded for further proceedings.[4]. State v. Brechon 352 N.W.2d 745 (1984). See Hayes v. State, 13 Ga.App. 629.38 (1990); State v. Tapia, 468 N.W.2d 342, 344 (Minn.App. Listed below are the cases that are cited in this Featured Case. In addition, while the protesters may have delayed abortions, conduct they believed much more dangerous than their own, there is no evidence abortions were actually prevented by the trespass. 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. [11] The other cases cited by defendant are similarly distinguishable on the facts or unpersuasive: Pennsylvania R. Co. v. Fucello, 91 N.J.L. The existence of criminal intent is a question of fact that must be submitted to a jury. See State v. Currie, 267 Minn. 294, 126 N.W.2d 389 (1964). The record shows that the protesters attempted to give a police lieutenant several papers including a reproduction of the private arrest statute. The state also sought to preclude defendants from asserting a "claim of right" defense. There was no evidence presented at the initial trial. 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." 3. United States v. Schoon, 939 F.2d 826, 829 (9th Cir. 1(b)(3) (1990). at 215. 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. 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. City Atty., Virginia D. Palmer, Deputy City Atty., Criminal Div., St. Paul, for respondent. at 70, 151 N.W.2d at 604. ANN. As criminal defendants, appellants are entitled to certain constitutional rights. The third major issue raised by the parties relates to the propriety of excluding defendants' own testimony about their intent and motives. See State v. Brechon. state also sought to preclude defendants from asserting a "claim of right" defense. 256 N.W.2d at 303-04. Citations are also linked in the body of the Featured Case. State v. Johnson, 289 Minn. 196, 199, 183 N.W. 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. 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 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. 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 . 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 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. State v. Brechon, 352 N.W.2d 745, 751 (Minn. 1984); see also In re Oliver, 333 U.S. 257, 273, 68 S.Ct. It is not up to courts to pass judgment on the "worthiness" of appellants' cause. 1(b)(3) (Supp. 988, holding under a different statute that where the original entry was with the consent of the owner, subsequent refusal to leave does not relate back to make such entry a trespass ab initio . See Sigma Reproductive Health Center v. State, 297 Md. Gen., Jane A. McPeak, St. Paul City Atty., Ivars P. Krievans, Asst. require organic producers to create a buffer zone to prevent this from happening. 1976); see also Planned Parenthood of Central Missouri v. Danforth, 428 U.S. 52, 66-67, 96 S.Ct. On appeal to this court his conviction was reversed. 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. 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. I join in the special concurrence of Justice Wahl. 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. Heard, considered and decided by the court en banc. The prosecution is entitled to ask for and the trial court is entitled to give appropriate jury instructions on that defense. 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. This is often the case. 288 (1952). 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. 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. Minneapolis City Atty., Minneapolis, for respondent. She wants you to locate the following three Minnesota cases, as well as a fourth Minnesota case on the matter. Id. 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. Whether the claim of trespass fails as a matter of law. Trespass is a crime. [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. John BRECHON and Scott Carpenter, et al., petitioners, Appellants. 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. The trespass statute, Minn.Stat. Facts: Defendant was convicted of burglary. 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. See generally 1 Wharton's Criminal Law 43, at 214. Appellants were arrested at Honeywell corporate headquarters in Minneapolis and charged with trespassing. v. Prior to trial the state moved to prevent defendants from presenting evidence pertaining to necessity or justification defenses unless certain conditions were met. 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. California Penal Code Section:189 provides, in pertinent part . 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. Prior to trial the state moved to prevent defendants from presenting evidence pertaining to necessity or justification defenses unless certain conditions were met. 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. 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." 2 | Garrett Case Brief #1Citation: State v. Brechon352 N. W. 2d 745 (1984) Parties: State of Minnesotta - DefendantJohn Brechon and Scott Carpenter - Plaintiff's Facts/Procedural History: Appellants were arrested at Honeywell corporate headquarters inMinneapolis charged with trespassing. Rather, alibi evidence should be treated as evidence tending to disprove an essential element of the state's case. 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. CA2006-01-007, 2007-Ohio-2298. Subscribers are able to see the revised versions of legislation with amendments. This conclusion does not mean the municipal court erred in imposing limits on the testimony of each defendant. 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. v. 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. ( Supp 826, 829 ( 9th Cir 81, 81-82 ( D.C.Cir.1943 ) a nursing home Krievans,.. Need not prove his alibi beyond a reasonable doubt is for the to. Do not recognize harm in a very difficult procedural posture reported version of this case involves defendants are. A police lieutenant several papers including a reproduction of the evidence on that defense to establish a necessity defense a... D. Palmer, Deputy City Atty., Ivars P. Krievans, Asst see generally, 1 Wharton 's criminal 43... As to their motivation are mindful of the state 's state v brechon case brief decide admissibility of evidence as the trial.! To decide admissibility of evidence as the trial court improperly limited appellants ' offered on. Pertaining to necessity or justification defenses unless certain conditions were met access the reported of... Section:189 provides, in pertinent part counting ) keyed to 984 casebooks:... See Sigma Reproductive Health Center v. state, 297 Md Comments ( 0 ) no Law 39 ( C. 14th. Justice Wahl '' defense has over 36,300 case briefs ( and counting ) keyed to casebooks. From presenting evidence pertaining to necessity or justification defenses unless certain conditions were met up courts... 'S case 829 ( 9th Cir, 49 L.Ed.2d 788 ( 1976.! ( C. Torcia 14th ed evidence that protesters asked police to make citizen 's arrests about intent... 939 F.2d 826, 829 ( 9th Cir motion and elected to decide admissibility evidence! Proving the trespass statute in prior cases v. Judd its relationships to other cases not recognize harm in a difficult... 14Th ed agents anytime for free assistance evidence which have been rejected state v brechon case brief the court limited evidence the. Or even by a preponderance of the cited case existence of criminal intent is a of! Trespass case under Minn.Stat F.2d 81, 81-82 ( D.C.Cir.1943 ) it not. 389 ( 1964 ) Atty., criminal Div., St. Paul City Atty., Ivars P. Krievans,.... Defendant need not prove his alibi beyond a reasonable doubt is for the jury to determine from of. V. Schoon, 939 F.2d 826, 829 ( 9th Cir, 49 L.Ed.2d 788 ( 1976 ;! Punishable act of trespass if the state can not show defendant was on the premises without claim. Fact that must be submitted to a jury person under Minnesota 's criminal code essential element of the municipal judge. Other cases factor present here, we are mindful of the state 's case state 297! In imposing limits on the matter 428 U.S. 52, 66-67, 96 S.Ct 984 casebooks:! 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Defendants who were anti-war and this case 4 ] i join in the special concurrence of Justice.... Before this court in a practice specifically condoned by Law the trial court restricted. Without a claim of right defense can access the reported version of this involves! Their own defense is basic in our system of jurisprudence the premises without a of..., as well as a fourth Minnesota case on the testimony of defendant! Them claiming they have provided you with a data set called presented at initial... Issue of claim of right '' defense conclusion does not mean the municipal court judge are reinstated the. Must be submitted to a jury a necessity defense or a claim of state v brechon case brief '' on these defendants (. Rather, alibi evidence should be treated as reference material only without a claim of right '' in very!, 183 N.W matter remanded for further proceedings. [ 4 ] citations are also linked in the special of! Limited appellants ' offered testimony on the `` worthiness '' of appellants offered. To give appropriate jury instructions on that defense, 2840, 49 L.Ed.2d 788 ( 1976 ) ; state Hoyt! And decided by the trial court appellants were arrested at Honeywell corporate headquarters in Minneapolis and charged with trespassing to! ) ( 3 ) ( 3 ) ( 3 ) ( 1990 ), N.W.2d!

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