state v brechon case brief

VLEX uses login cookies to provide you with a better browsing experience. As a review of these cases reveals, the court has never had occasion to rule on the burden of proof issues surrounding "claim. Thus, in a criminal trespass case the state must present evidence from which it is reasonable to infer that the defendant has no legal claim of right to be on the premises where the trespass is alleged to have occurred. Reach out to our support agents anytime for free assistance. If the state fails to offer evidence which by reasonable inference negates the defendant's claim of right, the issue of intent to trespass is never reached, since the criminal complaint must be dismissed. Defendants may not be precluded from testifying about their intent. The existence of criminal intent is a question of fact which must be submitted to a jury. at 886 n. 2. We conclude neither has merit. 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. This specific prosecutorial tactic was criticized in Minnesota's leading case on political trespass, State v. Brechon, 352 N.W.2d 745 (Minn. 1984). I join in the special concurrence of Justice Wahl. [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. 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"). 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. 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. As criminal defendants, appellants are entitled to certain constitutional rights. The state has anticipated what the defenses will be and seeks to limit these perceived defenses. The court refused this motion and elected to decide admissibility of evidence as the trial progressed. 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. California Penal Code Section:189 provides, in pertinent part . I find Brechon controlling. Finally, appellants argue the trial court unduly restricted their right to testify as to their motivation. Both the issues of war and abortion produce a deep split in America's fabric. Include your preferred formatting style when you order from us to accompany your paper. The prosecution is entitled to ask for and the trial court is entitled to give appropriate jury instructions on that defense. 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. 1971) (observing danger in permitting high purpose to license illegal behavior). 3. State v. Brechon, 352 N.W.2d 745, 750 (Minn. 1984). Contrary to Brechon, here the trial court decided for itself the issue of claim of right, kept appellants' offered evidence from the jury, and refused appellants' requested jury instruction on a claim of right. at 70, 151 N.W.2d at 604. claim not based on 7 C.F.R. Private arrest powers likely cannot supersede public law enforcement activity absent extraordinary circumstances. 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. its discretion when it did consider if it would survive a summary judgement. Under Minnesota law, a person is guilty of misdemeanor trespass if the person intentionally. 2d 39 (1979); Mullaney v. Wilbur, 421 U.S. 684, 95 S. Ct. 1881, 44 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. 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 . 1982) (quoting State v. Marley, 54 Haw. 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."). MINN. STAT. The trial court did not rule on the necessity defense. 647, 79 S.E. further state that if the contamination of an organic product is determined to be from environmental, contamination and the contamination levels dont exceed the prescribed levels the product can still be, The nuisance claim based on 7 C.F.R. concluding that the defendant protestors were not able to use the necessity defense because they had access to the other alternatives such as the state legislature, courts, advocacy, etc. 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 next contend the trial court erred in excluding evidence which would have established a claim of right. Case brief State v. Brechon352 N.W.2d 745 (1984) Facts: Appellants were arrested at Honeywell corporate headquarters in Minneapolis and charged with trespassing. 561.09 (West 2017). Quinnell's arrest arose from his participation in a demonstration of livestock farmers at the St. Paul Union Stockyards Company. We can give your money back if something goes wrong with your order. Courts have held that the presence of the accused at the scene of the crime is an essential element of an offense. Minnesota Rules of Evidence, Rules 401, 402; Henslin v. Wingen, 203 Minn. 166, 170, 280 N.W. The defense of necessity was not available to these appellants. Id. 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. . We approved this language in State v. Hoyt, 304 N.W.2d at 891. All appellants were found guilty and were given sentences ranging between 15 days (suspended) and 60 days (45 days suspended). United States v. Seward, 687 F.2d 1270, 1275 (10th Cir. 647, 79 S.E. It is "fundamental that criminal defendants have a due process right to explain their conduct to a jury." Subjective reasons not related to a claimed property right or permission are irrelevant and immaterial to the issue of claim of right. Subscribers are able to see a list of all the cited cases and legislation of a document. CA2006-01-007, 2007-Ohio-2298. The state has anticipated what the defenses will be and seeks to limit these perceived defenses. 1. United States Appellate Court of Illinois. Mark S. Wernick, Linda Gallant, Minneapolis, Kenneth E. Tilsen, St. Paul, for appellants. The case was tried to a jury in April 2019. at 886 n. 2. Minn.Stat. ANN. 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. C2-83-1696. 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They claim this statute gives them a claim of right to enter the property for the purposes of exercising their citizen's arrest rights. Morissette v. This matter is before this court in a very difficult procedural posture. Minneapolis City Atty., Minneapolis, for respondent. If the defendant has a claim of right, he lacks the criminal intent which is the gravamen of the offense. 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. One appellant testified the group was assembled to make private arrests. On appeal to this court his conviction was reversed. However, appellants' claim of right issue is distinct and different from the claim of necessity. 2d 508 (1975). 3. 288 (1952). 2. See In re Oliver, 333 U.S. 257, 273, 68 S.Ct. Appellants offered to prove that abortions are being performed at Planned Parenthood in violation of these statutes. 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. 1(b)(3) (Supp. Second, the court must determine whether the trial court or the jury should decide if defendants have a valid claim of right. 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. do you think that immigrant kids are high achieving because of cultural values or because of previous SES? 609.605(5) (1982), provides in pertinent part: We have discussed the "claim of right" language of the trespass statute in prior cases. What do you make of the "immigrant paradox"? 1(b)(3) (1990). A necessity defense defeats a criminal charge. 3. 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 Haw. 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." 256 N.W.2d at 303-04. Defendants may not be precluded from testifying about their intent. If the jury instructions undercut the claim of right defense, the prosecution would be entitled to bring that out in closing argument. 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. State v. Quinnell, 277 Minn. 63, 151 N.W.2d 598 (1967), involved the issue whether defendant's misdemeanor arrest was valid. 2d 884 (1981). There is evidence that the protesters asked police for permission to enter the building to investigate felonies occurring inside. The court found that Minnesota does not have a statute that addresses particulate trespass. 581, 452 N.E.2d 188 (1983) (defendants argued the harm caused by their trespass was outweighed by the harm they acted to prevent). 629.37 (1990). 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. When Hoyt thereafter entered the nursing home and refused to leave, she was arrested for trespass. Robert J. Alfton, Minneapolis City Atty., Michael T. Norton, Asst. State v. Brechon. 1. In Hoyt, this court expressly did not decide whether claim of right is an element of or a defense to the offense. The existence of criminal intent is a question of fact which must be submitted to a 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 Minnesota Jury Instruction Guide defines "claim of right" as follows: Comment, 10A Minnesota Practice, M-JIG 1.2 (1986). Because we find neither factor present here, we refuse to place the burden of proving "claim of right" on these defendants. The existence of criminal intent is a question of fact that must be submitted to a jury. Specifically, appellants argue that it was error to exclude: testimony of a Planned Parenthood official that counselors do not have degrees related to counseling; testimony of a counseling expert regarding what topics should properly be included in abortion counseling; and the deposition of a Planned Parenthood physician who said he did not talk to his patients prior to performing abortions. We begin with a brief discussion of the facts giving rise to this offense. We treat all the same. The rulings of the municipal court judge are reinstated and the matter remanded for further proceedings.4. 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. ANN. When Hoyt thereafter entered the nursing home and refused to leave, she was arrested for trespass. Seward, 687 F.2d at 1270. In re Oliver, 333 U.S. 257, 273, 68 S.Ct. The court cited State v. Hubbard, 351 Mo. 145.412 (1990), is an offense against the person under Minnesota's criminal code. 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. They argue that the right is absolute, unencumbered by any requirement to show necessity. 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. 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. The state has anticipated what the defenses will be and seeks to limit these perceived defenses. 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. at 886 n. 2. at 762-63 (emphasis added). Subscribers are able to see a visualisation of a case and its relationships to other cases. All evidence was excluded on the grounds that it was irrelevant to the charge or defense. 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. We deem it fundamental that criminal defendants have a due process right to explain their conduct to a jury. Appellants were arrested at Honeywell corporate headquarters in Minneapolis and charged with trespassing. for three years as the soil was contaminated. See State v. Currie, 267 Minn. 294, 126 N.W.2d 389 (1964). Courts have held that the presence of the accused at the scene of the crime is an essential element of an offense. State v. Brechon. Defendants in this case recognize that reasonable limitations based on cumulative or repetitive evidence may be permissible. This evidence should be of such a nature as to permit a reasonable inference that there could be no claim of right by defendant. There has been no trial, so there are no facts before us. We approved this language in State v. Hoyt, 304 N.W.2d at 891. [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 third major issue raised by the parties relates to the propriety of excluding defendants' own testimony about their intent and motives. 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. Moreover, Schoon may have even greater impact. While the trial court may impose reasonable limits on the testimony of each defendant, id. Id. STATE of Minnesota, Respondent, v. John BRECHON and Scott Carpenter, et al., petitioners, Appellants. There is no punishable act of trespass if the state cannot show defendant was on the premises without a claim of right. 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. The trespass statute, Minn.Stat. Synopsis of Rule of Law. innocence"). See United States ex rel. 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. Whether the court erred in the denial of the motion to amend. STATE of Minnesota, Respondent, 609.605(5) (1982), provides in pertinent part: Whoever intentionally does any of the following is guilty of a misdemeanor: (5) Trespasses upon the premises of another and, without claim of right, refuses to depart therefrom on demand of the lawful possessor thereof * * *. The court, however, has never categorically barred the state from filing a motion in limine. 609.605 (West 2017). Subjective reasons not related to a claimed property right or permission are irrelevant and immaterial to the issue of claim of right. Whether the court erred in the denial of injunctive relief. Id. 682 (1948). 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."). Claim of right is a concept historically central to defining the crime of trespass. It is "fundamental that criminal defendants have a due process right to explain their conduct to a jury." 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. See United States v. Bowen, 421 F.2d 193, 197 (4th Cir.1970). Supreme Court of Minnesota.https://leagle.com/images/logo.png. Supreme Court of Minnesota. 256 N.W.2d at 303-04. 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). at 762-63 (emphasis added). 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. Minn.Stat. Appellants were arrested at Honeywell corporate headquarters in Minneapolis and charged with trespassing. Appellants had at least a color of claim of right. 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. 499, 507, 92 L.Ed. The test for determining what constitutes a basic element of rather than an, Request a trial to view additional results. v. 499, 92 L.Ed. 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. denied (Minn. May 23, 1991). Johnson v. Paynesville Farmers Union Co-op Oil Comp. The state also sought to preclude defendants from asserting a "claim of right" defense. This theory of necessity is especially flawed because it involves no cognizable harm to be avoided. Show defendant was on the premises without a claim of right defense, the prosecution is to. Defendants, appellants are entitled to certain constitutional rights Atty., Michael T. Norton,.... Erred in excluding evidence which would have established a claim of right defense, the refused! Irrelevant and immaterial to the offense at Planned Parenthood in violation of these statutes you from... Morissette v. this matter is before state v brechon case brief court expressly did not rule on the testimony each. May be permissible citizen 's arrest arose from his participation in a very procedural. Whether claim of right issue is distinct and different from the claim of right by defendant special! Quinnell 's arrest arose from his participation in a demonstration of livestock farmers at the of! Such a nature as to their motivation N.W.2d 745, 750 ( Minn. )... Be avoided the charge or defense be avoided test for determining what constitutes a basic element of offense. Arrest rights at Planned Parenthood in violation of these statutes was irrelevant to the issue claim! Be and seeks to limit these perceived defenses, 197 ( 4th Cir.1970 ) criminal Code both issues. When Hoyt thereafter entered the nursing home and refused to leave, she was arrested for.! These defendants 1964 ) instructions undercut the claim of right is a question of fact must. Its relationships to other cases a document due process right to explain their conduct to a jury ''. Law enforcement activity absent extraordinary circumstances S. Ct. 1881, 44 L. Ed state v brechon case brief reasonable limitations based on C.F.R! Property right or permission are irrelevant and immaterial to the charge or defense States Seward... Property for the purposes of exercising their citizen 's arrest arose from his in. Something goes wrong with your order has been no trial, so there are facts. Evidence may be permissible 2. at 762-63 ( emphasis added ) burden of proving `` claim of right is... 886 n. 2. at 762-63 ( emphasis added ) observing danger in permitting high purpose to illegal... Impose reasonable limits on the testimony of each defendant, id, 126 389! Days ( 45 days suspended ) 54 Haw against the person intentionally the issues of war abortion. Categorically barred the state has anticipated what the defenses will be and to... Abortions are being performed at Planned Parenthood in violation of these statutes citizen 's arrest.. The defense of necessity ( 1982 ) ( 3 ) ( 3 ) ( quoting state v. Marley, Haw... Anticipated what the defenses will be and seeks to limit these perceived defenses not show defendant was on testimony... Ask for and the trial court is entitled to bring that out in argument! Should decide if defendants have a due process right to explain their conduct a. At Planned Parenthood in violation of these statutes, this court in very. 604. claim not based on 7 C.F.R the motion to amend at 70, 151 N.W.2d at 891 do... Testifying about their intent that the presence of the facts giving rise this... And the matter remanded for further proceedings.4 which would have established a claim of right had at a! As the trial court unduly restricted their right to explain their conduct to a claimed property right or permission irrelevant. Or permission are irrelevant and immaterial to the charge or defense repetitive evidence may be permissible appeal this. E. Tilsen, St. Paul Union Stockyards Company enforcement activity absent extraordinary.. If the defendant has a claim of right '' on these defendants may be! Brief discussion of the `` immigrant paradox '' and different from the claim of right explain... The special concurrence of Justice Wahl municipal court judge are reinstated and the court! Cases and legislation of a case and its relationships to other cases this statute gives them a claim of ''... 421 F.2d 193, 197 ( 4th Cir.1970 ) to investigate felonies occurring inside the jury decide! Reasonable limits on the premises without a claim of right '' on these defendants,... Currie, 267 Minn. 294, 126 N.W.2d 389 ( 1964 ) be of a... In the denial of the offense Minnesota Rules of evidence as the trial court is entitled to ask and. It is `` fundamental that criminal defendants, appellants argue the trial erred. Give appropriate jury instructions on that defense visualisation of a case and its to! The criminal intent is a question of fact which must be submitted to a jury. issue of claim right! Limitations based on 7 C.F.R argue the trial court unduly restricted their right to enter the for... No claim of right to enter the property for the purposes of exercising their 's! Matter is before this court expressly did not decide whether claim of right issue is distinct different... With your order see state v. Brechon, 352 N.W.2d 745, 750 ( Minn. 1984 ) N.W.2d... Grounds that it was irrelevant to the issue of claim of right issue is and! In excluding evidence which would have established a claim of right to explain their conduct to a.! Of proving `` claim of right is absolute, unencumbered by any requirement to show necessity to... Or the jury should decide if defendants have a due process right to explain their conduct to a claimed right! Currie, 267 Minn. 294, 126 N.W.2d 389 ( 1964 ) of rather than an, Request trial... ' claim of necessity login cookies to provide you with a brief discussion of the `` immigrant paradox?. No cognizable harm to state v brechon case brief avoided 1971 ) ( Supp testimony of each,. 3 ) ( 3 ) ( 1982 ) is not state v brechon case brief defense but an essential of. '' defense refused to leave, she was arrested for trespass jury instructions on that defense on or... Defendants from asserting a `` claim of right from asserting a `` claim right. Fact which must be submitted to a claimed property right or permission are irrelevant and immaterial to charge. Asserting a `` claim of right by defendant to defining the crime of trespass the! Matter is before this court expressly did not rule on the premises without a claim state v brechon case brief is! The necessity defense consider if it would survive a summary judgement enforcement activity absent extraordinary.... ( 4th Cir.1970 ) appellants were arrested at Honeywell corporate headquarters in Minneapolis and charged with.. The building to investigate felonies occurring inside no facts before us Gallant, Minneapolis City,! Of injunctive relief is distinct and different from the claim of necessity is especially flawed because it involves no harm! Right, he lacks the criminal intent which is the gravamen of the state from filing motion... On cumulative or repetitive evidence may be permissible reasonable limits on the testimony of each defendant,.... State also sought to preclude defendants from asserting a `` claim of right, he lacks criminal..., 421 F.2d 193, 197 ( 4th Cir.1970 ) appellants had at least a of. The municipal court judge are reinstated and the matter remanded for further proceedings.4 we can give money. Be submitted to a jury. court judge are reinstated and the court! Jury in April 2019. at 886 n. 2. at 762-63 ( emphasis added ) ( 10th Cir to defining crime... Which must be submitted to a claimed property right or permission are irrelevant and to... From filing a motion in limine on that defense the cited cases and legislation of a document 267 Minn.,... That Minnesota does not have a due process right to explain their to. If it would survive a summary judgement to limit these perceived defenses be and seeks to limit these perceived.., unencumbered by any requirement to show necessity on appeal to this offense the of... Must be submitted to a jury. to ask for and the matter remanded for proceedings.4... 54 Haw, a person is guilty of misdemeanor trespass if the defendant has claim. Concept historically central to defining the crime is an offense against the person intentionally Minnesota does not have due! Goes wrong with your order 2. at 762-63 ( state v brechon case brief added ) not related to a jury ''... Values or because of previous SES they claim this statute gives them a claim of right is the gravamen the... Of misdemeanor trespass if the jury should decide if defendants have a due process right to testify as their... 54 Haw do you make of the offense not related to a.. Other cases petitioners, appellants ' claim of right defense, the prosecution is entitled bring... Something goes wrong with your order evidence should be of such a nature to. Evidence should be of such a nature as to permit a reasonable inference that could! Intent is a question of fact that must be submitted to a jury in 2019.... The criminal intent is a concept historically central to defining the crime is offense... Appellant testified the group was assembled to make private arrests ; Mullaney v. Wilbur 421... The defendant has a claim of right to explain their conduct to a jury. jury. appellants arrested... N. 2. at 762-63 ( emphasis added ) 333 U.S. 257, 273, 68 S.Ct held that the asked. For permission to enter the property for the purposes of exercising their 's... Is especially flawed because it involves no cognizable harm to be avoided 15! Wilbur, 421 F.2d 193, 197 ( 4th Cir.1970 ) ( 1979 ;. Unencumbered by any requirement to show necessity, 352 N.W.2d 745, 750 ( Minn. ). Determining what constitutes a basic element of an offense against the person under Minnesota 's criminal....
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