Were you convicted at trial in Minnesota state court? That doesn’t necessarily mean it’s the final word. But it is very important that you act fast because there are strict deadlines to challenge your case.
Direct Appeals to the Minnesota Court of Appeals:
Direct appeals of felonies and gross misdemeanors must be filed within 90 days of sentencing. Direct appeals of misdemeanors must be filed within 30 days of sentencing.
You can’t just broadly challenge a guilty verdict. Appeals require you to focus on specific legal errors made during the trial. While this page can’t cover every possible avenue for appeal, some common grounds for challenging a criminal conviction include:
- Failure to grant a constitutional challenge
- Errors in pre-trial rulings
- Due process violated during jury selection
- Legal errors in opening statements
- Errors during direct or cross-examination
- Mistakes in closing arguments
- Insufficient evidence
- Sentencing errors
- Plea agreements not being honored
Appeals to the Minnesota Supreme Court
If you lost at the Minnesota Court of Appeals, this does not necessarily mean it’s the end of the road. If you want to take your case to the Minnesota Supreme Court you must file within 30 days of the Court of Appeals decision. The Minnesota Supreme Court generally grants review only under its own discretion. This means it decides the cases that it will take or won’t take. It’s important to talk to a skilled appeals attorney to help weight your options.
Postconviction relief
The primary postconviction remedy is raised through a petition for postconviction relief filed pursuant to Minn. Stat. § 590.01. Postconviction petitions must be filed within 2 years of the entry of judgment or last appellate opinion in your case. This is much longer than other appeal options. However, it is not without its limitations. Outside of a few exceptions, postconviction petitions are generally limited only to constitutional challenges. You cannot claim that any old error happened in a postconviction relief challenge under Minn. Stat. § 590.01. Exploring every possible issue that can be challenged in post conviction relief is beyond the scope of this page, but we would be happy to discuss your situation with you further.
Conclusion
If you or a loved one has been convicted but aren’t sure what specific errors may apply, don’t worry—many of these issues can be difficult to spot, even for trained attorneys. That’s why it’s crucial to contact a skilled criminal defense lawyer who can evaluate your case and advocate for the strongest possible appeal. Do not delay! There are strict timeline deadlines in filing an appeal in both Minnesota and Wisconsin. Contact Subzero Expungements, Pardons & Appeals today. 651-248-5142.