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Northland Watch:  When you want or need your news fast!  The only place you're going to find the good and bad in your community.

Carlton County

Carlton County Official Website

 

Carlton County

   FY 2012 Financial Audit

Carlton County - Matters of Record

Latest on Thom Pertler, Carlton County Attorney...

 

-County Commissioner admits to using township equipment for his own use and claims he had their permission

 

-Carlton County Stonewalls Data Requests Again...

 

-Carlton County Commissioners - Dropping the Ball on Animal Rescue

 

-Carlton County FY 2012 Financial Audit Results:  How well are Taxpayer Funds Safeguarded?

 

-Carlton County Stonewalls Data Requests

 

-Freedom to Trespass - The debacle of "Carlton County Attorney Thom Pertler" ...

 

 

Board waives disciplinary measures against county attorney, Thomas Pertler, after his DUI - Big surprise!

 

11/10/12:  Lion News: Dashcam Video - Arrest Of Carlton County Attorney Thomas 'The Drunk' Pertler

 

10/20/12:  Trespassing in Thomson Township (Esko) and the Sham Investigation

 

10/19/12:  The Oath that County Attorney Thom Pertler Ignores

 

10/17/12:  How much Evidence is enough for County Attorney Thomas Pertler

 

10/16/12:  Carlton County Budget Politics

 

10/13/12: What happened to the employee theft claims in Carlton County?

 

9/30/12: Trespassing Charges Dismissed by Carlton County

 

9/12/12: Carlton County Attorney Thom Pertler pleads guilty to DWI

 

8/28/12:  Thomas Pertler is already back at Carlton County

 

7/20/12:  Carlton County Attorney finally responds to Investigation Request

 

3/13/12:  Carlton County Attorney Thomas Pertler should resign

 

4/16/12:  Government of Restraint [Lacking in Thomson Township and Carlton County]

 

2/20/12:  Trespassing without Consequence

 

2/13/12:  Minnesota Governments Lack of Transparency - with references to its abuse by Thomson Township

 

12/21/11:  Constitutional challenges to the MN Government Data Practices Act, Sovereign Immunity (under guise of other immunities), MN DOLI powers, and late 

 

Admissions -  Thomson Township used the Data Practices Act and its limitations to hide information

 

10/13/11:  Private Property (and how County Attorney Thom Pertler fails to protect citizens from Trespass)

 

9/25/09:  A Rehab Project gone Awry (This is why few businesses come to Esko)

 

2009 Budget Reporting Deficiencies

How much evidence is enough for County Attorney Pertler

Wednesday, October 17, 2012

  
How much evidence is enough for County Attorney Pertler

 

Source:  https://www.revisor.leg.state.mn.us/court_rules/rule.php?type=ev&id=401

 

Blogger Marvin Pirila will use bold print and underlining to emphasis relevant portions of the law regarding evidence as it applies to the illegal trespass charges he filed.  Carlton County suggests a lack of evidence for the reason for failing to prosecute building inspector John Gulland and fire chief Jeffrey Juntunen for trespass.  The facts don't support them, but it's not the first time they rewrote the rules to inject bias.

 

EVIDENCE

 

Rule 401.Definition of "Relevant Evidence"

 

"Relevant evidence" means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.  [Five witnesses, admission by Fire Chief to trespassing, records of emails asking illegal entrance to end, including that of the MN Department of Labor and Industry]

 

Committee Comment - 1977

 

The threshold test for the admissibility of evidence is the test of relevancy. Essentially, it is a test of logic, and assessment of probative value. Evidence must have some probative value or it should not be admitted. The rule adopts a liberal as opposed to restrictive approach to the question of relevancy. If the offer has any tendency to make the existence of a fact of consequence more or less probable than it would be without the evidence it is relevant. A slight probative tendency is sufficient under Rule 401. Even where probative value is established and the evidence is relevant it still might be excluded under various other provisions in these rules, state and federal constitutions and other court rules. Rule 402.

 

The evidentiary offer must tend to prove or disprove a fact that is of consequence to the litigation. What is of consequence to the litigation depends upon the scope of the pleadings, the theory of recovery and the substantive law. The rule avoids reference to materiality, an overused term meaning different things in different situations. The fact to be established need not be an ultimate fact or a vital fact. It need only be a fact that is of some consequence to the disposition of the litigation.

 

The liberal approach to relevancy is consistent with Minnesota practice. In Boland v. Morrill, 270 Minn. 86, 98, 99, 132 N.W.2d 711, 719 (1965) the Court defined relevancy as a function of the effect the offered evidence might have upon the proof of a material fact in issue:

 

If the offered evidence permits an inference to be drawn that will justify a desired finding of fact, it is relevant. Reduced to simple terms, any evidence is relevant which logically tends to prove or disprove a material fact in issue.  [There is only one possible inference to make and that trespassing occurred]

The only evidence missing in Carlton County is that showing any type of fairness and justice.