by admin | May 13, 2021 | Criminal Procedure, Minnesota
Subd. 1. Authority to Order Examination. The trial court may order the defendant’s mental examination if:(a) the defense notifies the prosecutor of its intent to assert a mental illness or Cognitive Impairment defense pursuant to Rule 9.02, subd. 1(5);(b) the...
by admin | May 13, 2021 | Criminal Procedure, Minnesota
Subd. 1. Waiver of Counsel in Competency Proceedings. A defendant must not be allowed to waive counsel if the defendant lacks ability to:(a) knowingly, voluntarily, and intelligently waive the right to counsel;(b) appreciate the consequences of proceeding without...
by admin | May 13, 2021 | Criminal Procedure, Minnesota
A verbatim record must be made at the defendant’s initial appearance, arraignment, and Omnibus Hearing.Minn. R. Crim. P. 19.06Comment-Rule 19Rule 19 relating to the warrant or summons on an indictment and the subsequent procedures parallels for the most part...
by admin | May 13, 2021 | Criminal Procedure, Minnesota
At the defendant’s initial appearance in the district court following indictment, the court may, in accordance with Rule 6 (Pretrial Release), set bail or other conditions of release, or may continue or modify bail or conditions of release previously...
by admin | May 13, 2021 | Criminal Procedure, Minnesota
Subd. 1. Appearance. The defendant must be taken promptly before the district court that issued the warrant.Subd. 2. Statement to Defendant. A defendant appearing initially in the district court under an arrest warrant, or in response to a summons, must be advised of...
by admin | May 13, 2021 | Criminal Procedure, Minnesota
Subd. 1. By Whom. Any officer authorized by law may execute the warrant, and if authorized may also serve the summons. The court administrator may serve the summons in any manner authorized by subdivision 3 of this rule.Subd. 2. Territorial Limits. The warrant may be...
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