State v. Zimmer

478 N.W.2d 764, 1991 WL 257796
CourtCourt of Appeals of Minnesota
DecidedJanuary 27, 1992
DocketC2-91-500
StatusPublished
Cited by4 cases

This text of 478 N.W.2d 764 (State v. Zimmer) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Zimmer, 478 N.W.2d 764, 1991 WL 257796 (Mich. Ct. App. 1992).

Opinions

OPINION

NORTON, Judge.

This is an appeal from a judgment of conviction and sentence for misdemeanor trespass. We affirm.

FACTS

Henry Zimmer, appellant, is a baptized Roman Catholic and had been a member of Immaculate Conception Parish since 1969. In 1981, Father Sochacki was appointed pastor of the parish. Over time, appellant became dissatisfied with some of the actions and statements of Father Sochacki. Appellant confronted Father Sochacki with his disagreements on many occasions. Appellant started handing out leaflets and pamphlets at services and outside of the parish. Appellant also started carrying a two-foot crucifix with him to mass.

Father Sochacki testified at trial that he determined appellant’s behavior was harmful and damaging to the parish and the rest of the parishioners. He had consulted with his bishop for advice on what should be done. His bishop did not specifically authorize Father Sochacki to bar appellant from the parish, but instead suggested to just let things go and things would work out. Father Sochacki also consulted with the parish council regarding his concerns about appellant’s behavior. Father Sochacki testified that it was his decision alone, but in consultation with the parish council, to finally bar appellant from parish property.

On April 3, 1990, Father Sochacki hand delivered a letter to appellant. The letter stated in part:

[Djuring the past weeks your presence and your actions have intimidated and harassed many members of our parish both during weekend liturgies and at daily mass. You have been a constant source of fear to many of our parishioners.
With this letter I would like to take the opportunity to inform you that you are no longer allowed on our property * * *. If you chose [sic] to return to the property, you will be arrested.

While hand delivering the letter to appellant, Father Sochacki also verbally told appellant what the letter said and told him he was not welcome on parish property any more.

On April 4, 1990, the day after the letter was received by appellant, appellant entered the parish school. When appellant [766]*766entered the school, Father Sochacki saw him, went up to him, and told him that he had to leave. While Father Sochacki went to call the police, appellant left the school and waited in his car. The police arrived and after speaking with Father Sochacki went to appellant and tagged him for trespass.

On July 4, 1990, appellant returned to the parish to participate in mass. Father Sochacki asked appellant to leave but did not interrupt mass and went ahead with the service. However, at the conclusion of the service, Father Sochacki issued a citizen’s arrest and the police later tagged appellant for trespass.

After a jury trial, appellant was convicted on two counts of trespass for the April 4th and July 4th incidents. Appellant’s sentence was a $200 fine and one year probation conditioned on his obeying the letter from Father Sochacki and staying off parish property for one year.

ISSUES

I. Did the trial court erroneously limit the evidence that appellant could present at trial?

II. Did the trial court abuse its discretion by refusing to allow appellant’s three witnesses to testify?

III. Was the admission of Judge Roith’s testimony prejudicial error?

IV. Do the facts of the April 4 incident support a conviction for trespass?

V. Was the court’s sentence an abuse of its discretion?

ANALYSIS

I.

Appellant was convicted of misdemeanor trespass under Minn.Stat. § 609.605, subd. 1(b)(3) (Supp.1989) which says:

(b) A person is guilty of a misdemeanor if the person intentionally:
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(3)trespasses on the premises of another and, without claim of right, refuses to depart from the premises on demand of the lawful possessor.

A. Canon law.

Appellant first argues that his claim of right relied on the Code of Canon Law and that the trial court erred by refusing to receive the code as evidence. The trial court’s evidentiary rulings are reviewed under an abuse of discretion standard. State v. Flores, 418 N.W.2d 150, 158 (Minn.1988). Although the trial court did not explain its reason for refusing the code, it appears that the reason was irrelevance.

The trial court did not err by excluding canon law. Subjective reasons not related to a claimed property right are irrelevant to a claim of right. State v. Brechon, 352 N.W.2d 745, 750 (Minn.1984). Later civil cases involving church property disputes further support the court’s refusal to admit the code of canon law.

In Jones v. Wolf, 443 U.S. 595, 99 S.Ct. 3020, 61 L.Ed.2d 775 (1979), the Supreme Court approved the “neutral principles of law” approach when deciding church property disputes. Id. at 603, 99 S.Ct. at 3025. This approach relies on deeds, local church charters, and state statutes, thus avoiding the constitutional pitfalls of deciding disputes on the basis of church doctrine. Id. See also Piletich v. Deretich, 328 N.W.2d 696, 701 (Minn.1982) (adopting the neutral principles of law approach). Likewise, a criminal court should avoid deciding disputes on the basis of church doctrine.

B. Court’s comments.

Next, appellant argues that the court erroneously informed him before trial that it would rule as a matter of law that the priest was the lawful possessor and that appellant was without claim of right to be on church property.

The state had the burden of proving that the priest was the lawful possessor and that appellant was without claim of right. See Brechon, 352 N.W.2d at 750. However, even assuming that the court made erroneous statements of law:

[767]*767[A] decision will not be reversed if it is found to be harmless beyond a reasonable doubt. A ruling is prejudicial and therefore reversible if there is a reasonable possibility the error complained of may have contributed to the conviction.

State v. Kelly, 435 N.W.2d 807, 813 (Minn.1989) (citation omitted).

When the court made its pretrial comments, the only formal motion before it was an evidentiary issue. The only ruling that the court made was to sustain respondent’s objection to the receipt of the code of canon law. Appellant has not indicated why the court’s comments were prejudicial. In fact, he stated his intention before trial to go ahead and present testimony on both issues. He made no showing of any other evidence that was excluded based on the judge’s comments. Further, the court went on to instruct the jury on the elements of trespass including lawful possessor and claim of right.

Appellant was allowed to testify on the issue of claim of right.

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Bluebook (online)
478 N.W.2d 764, 1991 WL 257796, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-zimmer-minnctapp-1992.