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Appeallate Procedures

In Minnesota, a defendant can appeal a criminal conviction. If convicted of a misdemeanor, the appeal must be filed within 30 days from the day of sentencing. If the conviction is for a felony or gross misdemeanor, the defendant has 90 days to file the appeal. In both cases, it is ideal for you to have a Minnesota appellate lawyer handling the case for you.

Carson J. Heefner has over 20 years of experience representing individuals on appeal from issues ranging from unlawful convictions, illegal searches and unlawful sentences.

Procedure on Appeal

First, a Notice of Appeal must be filed the Minnesota Court of Appeals. This notice must also be served on the Attorney General, the District Court Administrator, and the prosecutor in the case.

Following the filing of the Notice, the defendant must order a transcript of the trial or hearing that is being appealed. This must be done within 30 days of filing the Notice of Appeal.

Once all parties have received the transcript, the defendant must serve and file a brief within 60 days of transcript delivery. The brief is a detailed, written argument that covers the issue cited in the Notice of Appeal. The brief includes relevant case law and any other authority that supports the defendant’s position.

The prosecuting attorney must file a responsive brief within 45 days of receiving the defendant’s brief.

Once all briefs are served and files, oral arguments are scheduled by the Court of Appeals. These arguments address those that were raised in the briefs. The oral argument phase takes place in the Judicial Center located in St. Paul. The panel consists of three judges that are assigned to the case.

After oral arguments, the 3-judge panel will issue its opinion within 90 days.

See Rule 28 of the Minnesota Rules of Criminal Procedure.

Contact A Minnesota Appeals Lawyer

Carson Heefner has significant experience in the Minnesota appellate courts.  He has handled over 60 appeals to the Minnesota Court of Appeals, and has argued 2 cases before the Minnesota Supreme Court. If you feel that a conviction and/or the resulting sentence isn’t fair, or there may be other factors involved that can result in the conviction being overturned, contact Carson at 612-202-8971, or, for a free consultation.