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MN Advisory Comm Exhibits 1-18 - Minnesota Judicial Branch

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c<br />

@ 9% the court pr?monnel begin<br />

to, assemble. The crier opens court.<br />

“AU rise. Oyez, oyez, ah p&sons<br />

havigg business before the Court of<br />

Cbqrnon Pleas Crimtnal Division<br />

corn ‘forth and they shall be heard<br />

God save this honorable court. ‘Be<br />

mated and stop ali conversation. Good<br />

: mom Your Honor.” The crier c&s<br />

atit the names of the defendants. Most<br />

of them aie represented by the public<br />

defender.. He checks his files. One or<br />

two names are not on his list; A quick<br />

phone caU .k ,made to his office to<br />

send,up the missing files.<br />

Ch one particular day when I was<br />

sitting in criminal motions court,<br />

three Cases had private counsel. One<br />

had been ‘retained by the defendant.<br />

The ather two had been appointed by<br />

tho awt to represent indigents<br />

accused of homicide. Where are these<br />

I iawyors?<br />

As is customary,’ the court officer<br />

ph+es ‘each of’them and reminds hk<br />

secretary ,that he has a case listed and<br />

he must appear. Several of the defend-<br />

ants are not present. The prison is<br />

called to locate the mi&ng parties.<br />

Lots G. ~For& &‘a judge frl the Phklelphla<br />

Court of <strong>Comm</strong>on Pleas This article is<br />

edapted from her book, The Death of the<br />

Zati, to be published in Mwch !y D&i<br />

Mdhy. Copyttght 1975 by Lois C.’ Form .<br />

IhaWa~ihlngtoaMonthlyJFehrulryl975<br />

mdgc, if he wishes &get through<br />

his list, must find the lawyers and<br />

litigants and order .them to come to<br />

court.<br />

Frequently tho prosecutor cannot<br />

find his files. When he does, he. dis-.<br />

covcis that a necessary witness has not)<br />

beeh subpoenaed. The case mustbe<br />

continued to another d&y. The other .<br />

witnesses, who are present and have<br />

missed a day’s work, are sent home.<br />

The defendant is returned to $t& to.<br />

dywit another list& Often ,dases aria<br />

wed five and six times before they ,’<br />

can bo heard. *<br />

On this day, there were three ,&&aditions.<br />

Amos R $3 want#f in South.<br />

Carolina. Seven years ago he had’<br />

escaped from jail and fled north. SinCe<br />

thenhehasbeenhv@ginPhiladelphia.<br />

He married here and now lizis<br />

two children. His wife and chiklren<br />

arc in tho courtroom He is employed: ‘~<br />

Amos has not been in 3roi.able Sinai’<br />

leaving South Carolina, where ’ 1Q ‘,<br />

years ago he was convicted of.stealirig<br />

a car and sentenced ‘to nine to 20<br />

years in prison. He ‘had’ no prior<br />

record. In Pennsylvania, for the same,<br />

crime, he wouid probably have been<br />

placed on probation or at most xeceived<br />

a maximum sentence- .of two<br />

years.<br />

Mow ht? testifies that he didn’t<br />

33

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