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. 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. [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. 240, 255, 96 L.Ed. However, 40 people were arrested for trespass when they blocked the front entrance to the clinic. The defendant's story does not have to track the trial court's forthcoming final instructions to the jury. 499, 507, 92 L.Ed. The state also sought to preclude defendants from asserting a "claim of right" defense. 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. 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. See United States v. Bowen, 421 F.2d 193, 197 (4th Cir.1970). Heard, considered and decided by the court en banc. 1(4) (1990) (performance of abortion without prior explanation of its effects). Therefore, defendant need not prove his alibi beyond a reasonable doubt or even by a preponderance of the evidence. . This site is protected by reCAPTCHA and the Google. at 891-92. 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.". She also wants you to locate the following two statutes and explain what a defendant is required to demonstrate concerning trespass. at 828 (contrasting direct civil disobedience, where the law being broken is the object of the protest). Quinnell's arrest arose from his participation in a demonstration of livestock farmers at the St. Paul Union Stockyards Company. at 886 n. 2. Williams v. United States, 138 F.2d 81, 81-82 (D.C.Cir.1943). VLEX uses login cookies to provide you with a better browsing experience. The trespass statute at issue was a strict liability statute. 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 * * *. Rather, this case simply presents a question of "whose ox is getting gored." 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. concluding that there is no cognizable harm to be avoided in trying to stop legal abortions, stating that there was no evidence that any abortions were actually prevented by the trespass, stating that district court may impose "reasonable limits on the testimony of each defendant", reviewing denial of instruction on necessity defense. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 1991). *747 Mark S. Wernick, Linda Gallant, Minneapolis, Kenneth E. Tilsen, St. Paul, for appellants. Appellants enjoyed legal remedies without committing a trespass. The trial started with a questionable decision by the state to move in limine to keep from the jury any and all evidence the defendants might want to offer to establish the defense of necessity or justification, and to exclude any evidence offered by defendants as to their motive and intent as it would relate to a claim of right. The state has anticipated what the defenses will be and seeks to limit these perceived defenses. Johnson v. Paynesville Farmers Union Co-op Oil Comp., 817 N.W.2d 693 (2012). This matter is before this court in a very difficult procedural posture. 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 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." Defendants may not be precluded from testifying about their intent. Second, the court must determine whether the trial court or the jury should decide if defendants have a valid claim of right. STATE v. BRECHON Important Paras 3. Minn.Stat. In State v. Quinnell, we noted that the legislature inserted the language to protect an innocent trespasser from criminal prosecution. 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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. Write a detailed business plan for a car spare parts business, You and a group of your friends have been talking about going on a trip to some different museums around the world. 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. This evidence normally would be in the realm of property law, such as that the title or right of possession is in a third party and that no title or permission has been given to defendant, or if given has been withdrawn. 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. 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. When Hoyt thereafter entered the nursing home and refused to leave, she was arrested for trespass. John BRECHON and Scott Carpenter, et al., petitioners, Appellants. Appellants further contend they were entitled to instructions on laws governing the conduct of Planned Parenthood staff. 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. 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. Subscribers can access the reported version of this case. The question of sufficiency to raise a reasonable doubt is for the jury to determine from all of the evidence. If the defendant has a claim of right, he lacks the criminal intent which is the gravamen of the offense. The state also sought to preclude defendants from asserting a "claim of right" defense. United States v. Seward, 687 F.2d 1270, 1275 (10th Cir. 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. The trial court did not rule on the necessity defense. 629.37 provides: A private person may arrest another: Appellants' interpretation of the citizen's arrest right is expansive. 609.605, subd. State v. Quinnell, 277 Minn. 63, 151 N.W.2d 598 (1967), involved the issue whether defendant's misdemeanor arrest was valid. The Minnesota Jury Instruction Guide defines "claim of right" as follows: Comment, 10A Minnesota Practice, M-JIG 1.2 (1986). You already receive all suggested Justia Opinion Summary Newsletters. Subjective reasons not related to a claimed property right or permission are irrelevant and immaterial to the issue of claim of right. 1. As a review of these cases reveals, the court has never had occasion to rule on the burden of proof issues surrounding "claim *749 of right." Minnesota's trespass statute reads in part: Minn.Stat. 609.605(5) (1982), provides in pertinent part: We have discussed the "claim of right" language of the trespass statute in prior cases. 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. 1(b)(3) (Supp. 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. 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. Get State v. Morrow, 731 N.W.2d 558 (2007), Nebraska Supreme Court, case facts, key issues, and holdings and reasonings online today. Mark S. Wernick, Linda Gallant, Minneapolis, Kenneth E. Tilsen, St. Paul, for appellants. In State v.Hunt, 630 S.W.2d 211 (Mo.Ct.App. 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. . 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 She wants you to locate the following three Minnesota cases, as well as a fourth Minnesota case on the matter. 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. The court should also instruct the jury to disregard defendants' subjective motives in determining the issue of intent. 2. See Gaetano v. United States, 406 A.2d 1291, 1294 (D.C.1979). Claim of right is a concept historically central to defining the crime of trespass. Id. We conclude that there is no evidence the trial judge unreasonably restricted this right or displayed any judgment on the motives of appellants. As a general rule in the field of criminal law, defendants *748 are not required to determine in advance what evidence they will use in their cases. require organic producers to create a buffer zone to prevent this from happening. 761 (1913), where the court stated: 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. Johnson v. Paynesville Farmers Union Co-op Oil Comp. 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. 145.412 (1990), is an offense against the person under Minnesota's criminal code. 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. Id. 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. It is "fundamental that criminal defendants have a due process right to explain their conduct to a jury." 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." 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. No. Get a list of references to go with your ordered paper. State v. Brechon, 352 N.W.2d 745, 751 (Minn.1984); see also In re Oliver, 333 U.S. 257 . 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." 499, 92 L.Ed. All evidence was excluded on the grounds that it was irrelevant to the charge or defense. As criminal defendants, appellants are entitled to certain constitutional rights. 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. 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). 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. In Hoyt, this court expressly did not decide whether claim of right is an element of or a defense to the offense. 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. I join in the special concurrence of Justice Wahl. You also get a useful overview of how the case was received. In re Winship, 397 U.S. 358, 364, 90 S.Ct. All appellants were found guilty and were given sentences ranging between 15 days (suspended) and 60 days (45 days suspended). 1. 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. 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. Under Brechon, appellants were denied the fundamental right to fully explain their conduct, including their motives and intent, to a jury of their peers. 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. There has been no trial, so there are no facts before us. Quinnell's arrest arose from his participation in a demonstration of livestock farmers at the St. Paul Union Stockyards Company. 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. When citing it in your papers, make sure you reference it correspondingly, Don't use plagiarized sources. No evidence indicates appellants made a citizen's arrest or at any time attempted to do so. State v. Burg, 633 N.W.2d 94, 99 (Minn.App.2001). 77, 578 P.2d 896 (1978). 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