Were you convicted at a jury or bench trial and thinking about appealing your case? There are a number of things that can be appealed. There are also very strict deadlines of filings that need to be filed in order to properly preserve your right to appeal. An appeal means that you want to petition a decision or verdict to a higher court. Typically, a post conviction relief motion is also filed to the district court where the trial was heard. If the petition for post conviction relief is denied, an appeal can be filed with the minnesota court of appeals. If the court of appeals then affirms the lower courts decision, a petition for relief (also known as a PFR”) can be filed with the Minnesota supreme court. The Minnesota supreme court will then decide whether they will hear the case. There are also strict timelines on when a PFR can be filed after a decision is reached in the the court of appeals. Call our office to learn more about timelines and deadlines with the court of appeals and with the Minnesota supreme court.
Common grounds for appeals can include errors in the application of the law in pre trial motions. This can include testimony or prior acts that were improperly allowed to be published to the jury. The testimony or events that were improperly allowed in could then taint the jury and be highly prejudicial. There could be issues with the harassment between jurors, errors in jury instructions, procedural errors, or improper instrution of the rule of criminal procedure. Other common appeals include argument as to sufficiency of the evidence and ineffective assistance of counsel. The standard for ineffective assistance of counsel claims is high and must pass the following test. The defendant must show that counsel’s performance was deficient and feel blow an objective standard of reasonless. Second, the defendant must show that the deficient performance prejudiced the defense. This requires showing that counsel’s errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable. The defendant would also have to show that but for the ineffective assistance of counsel the result would have been different. The standard is high and difficult to overcome
If you have been convicted of a crime and believe you were deprived of a fair trial, contact Keller Law Offices for a free consultation. Max A. Keller has been practicing law for 17 years and is a skilled Minnesota Appellate attorney. Max A. Keller will be able to look at all of the facts in the case and determine whether you have grounds for an appeal. Contact 952-913-1421 as soon as a verdict is reached, even before sentencing. The appellate attorneys at Keller Law Offices can also deal with the sentencing portion of the case after the verdict is reached. Max Keller knows all the filing requirements, deadlines, and appellate rules and has filed over 100 appeals in his career. He has also won an appeal in front of the Minnesota supreme court.