Foua Fong Lee was released from custody after serving three years in prison for criminal vehicular homicide. In 2004 he crashed into another car and three people were killed. At the time, he was driving his Toyota Camry. New evidence discovered after his trial was over showed that other people with the same car had uncontrollable acceleration issues. Lee had stated that he too had a car that accelerated beyond his control. The new evidence was brought up during his post conviction relief proceedings. A court granted his post conviction relief Petition, vacated his conviction, and ordered that he be set free. Lee is now seeking compensation for his wrongful incarceration pursuant to the Wrongful Imprisonment Law passed by Minnesota in 2014. The Wrongful Imprisonment Law gives claimants approximately $50,000 for each year of false imprisonment. The law also allows for lost wages and educational reimbursement. Lee is now attending school in hopes to become a social worker.
What are post conviction proceedings?
Post conviction proceedings refer to motions, briefs, or appeals after a guilty verdict is entered. It is possible to file a post conviction relief brief to the District Judge who sentenced the Defendant in the first place. In the brief, a criminal defense attorney can offer new evidence to attempt to change a judge’s mind. If a post conviction relief brief is denied by the district court judge, a criminal defense attorney can then file an appeal with the court of appeals. Issues may include ineffective assistance of counsel, sufficiency of the evidence, and improper rulings on Spreigl evidence. etc. Issues for an appeal differ in every case and are dependent on the facts of each case.
If you believe you have sufficient grounds for post conviction proceedings, contact Keller Criminal Defense Attorneys. A criminal defense attorney will be able to file the necessary motions and briefs specific to your case. Keep in mind that there are timelines for filing an appeal and that you should contact a criminal defense attorney as soon as you have been found guilty. Additionally, if you believe you have a case similar to Lee, and if you believe you deserve compensation pursuant to the Wrongful Imprisonment Law, contact a criminal defense attorney at Keller Criminal Defense Attorneys. Call 952-913-1421 for a free consultation.
