Select the search type
  • Site
  • Web

CanoeingLynx and PartridgeWalleye Rising

Honoring the pride of the Northland!  We serve to highlight our communities with honest reporting as progress is dependent on facts.  The Northland 

is rich with outdoor activities and beautiful landscapes found in few places around the world.  We respect the need to preserve our environment while 

also allowing for the sustainable incomes and livelihoods of our residents.  Both are needed and possible. . .

(Pictures courtesy of

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.

Strategic Insights - Managing by the Book

Just released!  Buy it now on Amazon by clicking here...


This book shares the experiences of a manager of 29 years who has worked firsthand with employees at every step of the way.  It explains the many ways and processes needed to maximize performance with varying types of people, opposing unions, and boundless bureaucracy.


This manager has always maintained firsthand communication with employees, learning what motivates and demotivates him or her. 

Table of Contents

How much evidence is enough for County Attorney Pertler

Wednesday, October 17, 2012

How much evidence is enough for County Attorney Pertler




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.




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.