Legal Question in Criminal Law in Minnesota
state law
How can a judge use past federal record in deciding a state case?
Asked on 7/24/08, 5:38 pm
1 Answer from Attorneys
Thomas C. Gallagher
Gallagher Criminal Defense
Re: state law
Your question lacks detail and context. Suffice it to say for now that there are at least two ways a Minnesota state court could potentially use prior federal convictions of a defendant. One common way would be as "prior bad acts" evidence under the Rules of Criminal Procedure. Another way would be "charge enhancement" and-or "criminal history score" calculation, plus perhaps as a trigger for potential statutory "mandatory minimum" sentencing provisions. There are other possibilities as well.
Answered on 7/29/08, 7:16 pm
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