Criminal Appeals
Criminal appeals are hard work. That is where we come in. Our attorneys have achieved victories for our clients at both the Minnesota Court of Appeals and the Minnesota Supreme Court.
If you have been convicted of a crime in Minnesota, you have a right to appeal your conviction, sentence, or both. An appeal is your opportunity to raise challenges about mistakes that were made by the judge, prosecutor, or even your own lawyer. As opposed to the criminal case itself, appeals are held in one central location in St. Paul, Minnesota. Instead of one judge who makes decisions at the trial level, criminal defendants get the benefit of having the expertise of a three judge panel assigned to their case to determine whether any errors were made, and if so, whether those errors were serious enough to undermine the legitimacy of your conviction.
Criminal appeals are initiated by filing a Notice of Appeal at the Minnesota Court of Appeals. There are strict time requirements to file the Notice of Appeal, and therefore you will want to speak with either Adam Johnson or David Lundgren immediately after you are convicted to discuss your options on appeal. After the Notice of Appeal is filed a written transcript of every court proceeding is ordered from any court reporter who sat in on the case. The transcripts are essential to your appeal because the Court of Appeals does not hear new evidence, it determines your case based on what has already been done. At Lundgren & Johnson, we meticulously comb through every word of the transcripts to gain a complete understanding of what occurred during your trial and pretrial proceedings. We also spend time with you to discuss your view of what happened and the concerns you had about how your case was handled. We combine the detailed knowledge we gain about your case with our extensive appellate experience and knowledge of all things criminal law to formulate persuasive arguments attacking the validity of your conviction or sentence. We present these arguments in a legal document called an appellate brief which is filed with the Court of Appeals and served on the opposing party: The State of Minnesota and its applicable prosecuting agency.
The process is not finished after the brief is filed. We request oral argument in nearly every one of our appellate cases so that we can continue to advocate for our client to the fullest extent allowed. At oral argument, Adam Johnson and David Lundgren highlight the most persuasive aspects of your appeal in an effort to convince the three judges that your conviction or sentence was unlawful. Oral argument is also an opportunity for us to address any questions or concerns the judges may have about your case. Rest assured, we will make sure that your voice is heard during this process and we will be your zealous advocate every step of the way.
After oral argument the Court of Appeals will issue a written opinion explaining the facts and the law applicable to the legal issues we raise on your behalf. The opinion will ultimately determine the issues raised and the three judges will decide how your case will proceed. In the event the Court of Appeals disagrees with us, you can decide whether you want to ask the Supreme Court of Minnesota to review your case.
Call Lundgren & Johnson today to discuss your options on appeal. We look forward to explaining the process of criminal appeals to you in detail. Let our extensive appellate advocacy experience in criminal matters work to your benefit.