Often times cases are decided and the state or defendant does not agree with the outcome, in cases like this there is the possibility of an appeal.
Appeal By The Defendant
In Minnesota a defendant has the right to file an appeal if they disagree with evidentiary issues or the outcome of the trial. The Appeal is heard by the Minnesota Court of Appeals, located in St. Paul, Minnesota. The Court is what we call an “error correcting court” that means they fix mistakes by the lower or district court.
Generally, appeals in criminal cases must be filed within 90 days of the final order or 10 days in the case of misdemeanors, either way you need to get a lawyer involved very quickly to decide if you are going to appeal. To file an appeal it is a bit complex and you must do the following:
- File a notice of appeal within the time limits
- Pay the $500 filing fee
- Request a transcript of the proceedings (usually)
- Come to terms on paying the transcript.
As you can see it takes a fair amount of both time and resources to file an appeal, which is why you need to be very carefull when selecting an appellate lawyer.
Fortunately, the lawyers at Rosengren Kohlmeyer, Law Office have handled a lot of appeals a few are listed here:
Prosser v. Commissioner of Public Safety, (Minn. App. 2010) Defending an appeal by our client (S. Prosser) had the case dismissed in district court and the State appealed the validity of the stop of her motor vehicle on a DWI.
State v. Mickelson (Minn. App. 2012) Appeal by T. Mickelson regarding a conviction for a second degree DWI in Martin County.
Dotray v. Commissioner of Public Safety (Minn. App. 2010) Appeal of DWI in LeSueur County.
In Re M.A.H. (Minn. App. 2013) Appeal by the State in effort to terminate parental rights of their children.
State v. Kesselring (Minn. App. 2004) Appeal by our client after he was convicted by a jury for felony theft.
State v. Blinkinsop (Minn. App. 2010) Appeal by our client M. Blinkinsop about a refusal to test.
State v. Sohre (Minn. App. 2010) Appeal by S. Sohre for stop of a questionable stop of a motor vehicle based on “suspicious criminal activity”.
State v. Fenwu Li (Minn. App. 2012) Appeal of conviction of criminal sexual conduct of a massage therapist in Blue Earth County.
Appeal By The State
The State or prosecutor has the ability to appeal the decision of a Judge or Jury if they feel an error was committed. When we have a case that we win it is always a possibility the Prosecutor files an appeal. In criminal cases the State must pay a portion of your legal fees, which can help offset the cost.
If you have any questions regarding a criminal appeal in Minnesota call or email us and we can look at the issues, give you our assessment of your possibility of success, and we will give you a quote what the cost will be, all free.