Legal Question in Criminal Law in Minnesota

Amicus brief

I would like to draft a brief as an amicus curiae for a friend of mine facing a felony assault charge here in Minnesota. While we agree that we are better served by garnering a favorable plea bargain as opposed to proceeding to trial, I wish to address some mitigating circumstances.

Does an amicus brief need to be approved by the prosecution before I give it to the judge? Do I make an amicus brief as an official brief and file it with the court admin? I asked the court admin and they have no idea. I live ''out in the corn'' and the admin has never even heard of an amicus brief. Sigh...


Asked on 11/03/08, 1:15 am

1 Answer from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Amicus brief

I am afraid that you would not be able to submit a brief. Amicus curiae briefs are a way to intervene in court oproceedings, such as an appeal, where you have a vested interest. this is usually done by organizations which have an interest inbroad legal effects of court decisions. You would have no standing to submit a brief at a sentencing.

However, at a sentencing, a defendant may call witnesses, including character witnesses, to testify on their behalf. It would seem that would be appropriate for what you intend to submit.

For Minnesota issues visist criminal-law.tv

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Answered on 11/03/08, 1:28 am


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