Minnesota Criminal Appeals Attorney
A conviction can feel final. The judge has ruled. The sentence has been imposed. The courtroom empties, and it may seem as though there is nothing left to do. Sometimes, however, the case is not over.
Minnesota law gives criminal defendants the right to seek appellate review in many situations. An appeal is not a second trial, and it is not simply another chance to tell the same story. It is a legal challenge to what happened in the district court.
Smith, Paulson, O’Donnell, and Erickson represents clients seeking review of criminal convictions, sentences, and other appealable decisions. We examine the record closely, identify potential legal errors, and help clients understand whether an appeal or postconviction proceeding may provide a path forward.
What Does a Criminal Appeal Actually Do?
A criminal appeal asks a higher court to review decisions made by the district court. The appellate court does not usually hear new witnesses or retry the facts from the beginning. Instead, it reviews the existing record, the arguments raised by the parties, and the law that applies to the issues on appeal.
Depending on the case, an appeal may challenge:
- Evidentiary rulings
- Improper jury instructions
- Constitutional violations
- Suppression rulings
- Prosecutorial misconduct
- Errors in sentencing
- Insufficient evidence
- Certain pretrial rulings
- Probation revocation decisions
- Other legal errors that may have affected the outcome
In most felony, gross misdemeanor, and misdemeanor cases, appeals are heard by the Minnesota Court of Appeals. A conviction for first-degree murder is appealed directly to the Minnesota Supreme Court.
Appeals Are About Legal Error, Not Simply Disagreement
One of the hardest parts of appellate law is separating a disappointing result from an appealable error. A person may strongly disagree with a conviction or sentence, but that alone does not mean an appellate court will reverse it. The real question is whether something happened in the district court that violated the law, the rules of procedure, or the defendant’s constitutional rights.
For example, an appeal might argue that evidence should have been excluded, that the jury received an incorrect legal instruction, or that the court applied the wrong sentencing rule. In some situations, the issue may be whether the evidence was legally sufficient to support the conviction. That is very different from simply asking the appellate judges whether they would have reached a different result.
The Record Matters
An appeal is built primarily from the record created in district court.
That record may include:
- Trial transcripts
- Pretrial hearing transcripts
- Exhibits
- Motions
- Written orders
- Jury instructions
- Sentencing records
- Evidentiary rulings
- Plea documents
- Court filings
This is why appellate work often looks very different from trial work. A trial attorney may spend hours interviewing witnesses and preparing testimony. An appellate criminal defense attorney may spend those same hours reading transcripts line by line, comparing rulings to Minnesota case law, and identifying where a legal error may have occurred.
Sometimes the strongest appellate issue is obvious. Other times, it is buried in hundreds or thousands of pages of court records.
How Long Do You Have to Appeal in Minnesota?
Deadlines are one of the most important parts of any appeal. In general, a defendant in a Minnesota felony or gross misdemeanor case has 90 days after final judgment or entry of the order being appealed to file an appeal. A defendant in a misdemeanor case generally has 30 days. Certain other appeals have different deadlines.
For example, an appeal from an order denying a postconviction petition generally must be filed within 60 days after the district court files the order.
These deadlines are unforgiving. Waiting too long will eliminate an appellate option entirely. If you believe an error occurred, it is worth speaking with an attorney as soon as possible rather than waiting until the deadline is close. It takes time to prepare an appeal, and if you are calling an attorney on the last day it is probably already too late.
What Happens After an Appeal Is Filed?
Once an appeal begins, the appellate process becomes heavily focused on written legal arguments. The appellant generally obtains the necessary record and transcripts, identifies the issues to be raised, and submits an appellate brief explaining why the district court’s decision should be reversed, modified, or otherwise corrected. The state then has the opportunity to respond. The appellant may also be permitted to file a reply brief.
In some cases, the Minnesota Court of Appeals schedules oral argument, giving the attorneys an opportunity to answer questions from the judges. Other cases may be decided based on the briefs and record alone.
Unlike a trial, an appellate argument is not about calling witnesses or introducing new documents. It is about explaining what the law required and where the lower court may have gone wrong.
What Can the Court of Appeals Do?
An appeal does not always end with a simple “win” or “lose.” Depending on the issue, the appellate court may:
- Affirm the conviction or sentence
- Reverse a conviction
- Order a new trial
- Send the case back to the district court for further proceedings
- Order resentencing
- Reverse or modify a particular ruling
- Address only some of the issues raised
A successful appeal may therefore return the case to district court rather than ending the criminal matter altogether. For example, if the appellate court determines that the sentence was imposed incorrectly, the case may be sent back for resentencing. If a serious trial error affected the verdict, a new trial may be ordered. The available remedy depends on the nature of the error.
What If the Issue Was Not Raised at Trial?
This can make an appeal more difficult, but not necessarily impossible. Appellate courts often distinguish between errors that were properly raised and preserved in district court and those that were not.
When an issue was not preserved, the standard of review may become more demanding. Certain unpreserved errors may still be reviewed under doctrines such as plain-error review, depending on the circumstances. This is one reason a detailed review of the trial record matters.
The criminal defense lawyer needs to know not only what happened, but when objections were made, what arguments were presented, and how the district court ruled.
Can You Appeal a Guilty Plea?
Sometimes, yes, but the options are more limited than after a trial. A guilty plea involves the waiver of important rights, so a defendant generally cannot appeal every issue that could have been raised before pleading guilty. Still, there may be situations involving the validity of the plea, sentencing issues, certain preserved pretrial issues, or postconviction claims. The exact path depends heavily on the plea agreement, the record, and the type of claim. An attorney can review the plea hearing and written documents to determine whether there is a viable appellate or postconviction issue.
What Is Postconviction Relief?
A direct appeal is not the only way to challenge a conviction.
Minnesota also allows certain defendants to seek postconviction relief after direct appellate relief is no longer available.
A postconviction petition is filed in the district court where the conviction occurred. It may seek relief when a conviction or sentence violated the person’s constitutional or legal rights, or in certain cases involving newly available scientific evidence establishing actual innocence.
Postconviction proceedings may sometimes involve issues that could not be fully addressed on direct appeal because they require evidence outside the original court record.
Is There a Deadline for Postconviction Relief?
Yes. Minnesota law generally provides a two-year deadline for filing a postconviction petition.
The two-year period generally runs from the later of:
- The entry of judgment or sentence when no direct appeal was filed, or
- The appellate court’s disposition of the direct appeal
Minnesota law recognizes certain exceptions, including some claims involving newly discovered evidence, new retroactive interpretations of law, or other qualifying circumstances.
Because the rules can become complicated quickly, it is risky to assume an exception will apply after the deadline has passed.
Why Appellate Strategy Is Different From Trial Strategy
Trial advocacy and appellate advocacy overlap, but they are not the same. At trial, the attorney’s job is often to persuade a jury or judge about what happened. On appeal, the focus shifts. The attorney must identify the legal standard, explain how the district court failed to meet it, and show why the error warrants relief. That often means choosing issues carefully.
Raising every possible complaint may make a brief weaker rather than stronger. A focused appeal usually centers on the arguments with the strongest legal foundation and greatest potential effect on the result. Appellate work is less about volume and more about precision.
What Should You Do If You Are Considering an Appeal?
Start with the deadline. Find out exactly when judgment was entered or the order was filed. Do not assume you have several months simply because the case was serious. Then preserve the documents you have, including:
- The criminal complaint
- Motions and court orders
- Plea paperwork
- Sentencing documents
- Trial exhibits
- Any transcripts already obtained
- Notices from the court
It is also helpful to write down the issues that concern you while they are still fresh.
Did the judge exclude important evidence? Was a motion denied? Was the sentence different from what you expected? Did something happen during trial that you believe was improper? Your attorney can determine whether those concerns amount to viable appellate issues.
Speak With a Minnesota Criminal Appeals Attorney
An appeal is not about reliving every moment of the case. It is about finding the legal issues that mattered. That requires a careful review of the record, a clear understanding of Minnesota appellate law, and attention to deadlines that can close quickly.
At Smith, Paulson, O’Donnell, and Erickson, we represent clients seeking review of criminal convictions, sentences, postconviction rulings, and other appealable decisions in Minnesota. We examine the record carefully, identify potential legal errors, and provide straightforward advice about the options that may remain.
If you believe a legal error affected your conviction or sentence, contact our office to speak with a Minnesota criminal appeals attorney before the applicable filing deadline passes.
Recent Blogs
How Long Does a Lawsuit Take (and Why)?
One of the first questions people ask after filing a lawsuit, or being served with one, is simple. How long is this going to take? The honest answer is that it depends. Some cases resolve in a matter of months, while others take a year or more. The timeline is shaped...
A First-Time Offense: What to Expect and How It Can Affect Your Record
Getting charged with a crime for the first time can feel disorienting. Most people in this position have never dealt with the court system before, and the uncertainty alone can be overwhelming. Questions tend to come fast. What happens next? Will this stay on my...
When Is Use of Force by Law Enforcement Excessive Under Minnesota Law?
Understanding when police force crosses the line into excessive force matters — whether you’re a bystander, a person stopped by police, or someone seeking accountability after an incident. Minnesota law combines federal constitutional standards, state statutes, and...
What You Can Do After a Questionable Law Enforcement Shooting
A law enforcement shooting is one of those events that can upend a life in an instant. If someone you love was seriously injured or killed in an officer-involved shooting, confusion and anger come fast, and so do a lot of questions about what to do next. Minnesota law...
What Are Your Rights When an ICE Agent Stops You in Minnesota?
Being stopped by Immigration and Customs Enforcement (ICE) can feel overwhelming. Even if you stay calm and careful, it’s natural to worry about saying the wrong thing or making a situation worse. The good news is you do have rights — constitutional protections and...
How Is Child Support Calculated In Minnesota
Understanding how child support is calculated can feel like decoding a different language. Numbers, formulas, parenting-time credits, and legal terms all swirl together. If you’re a parent in Minnesota trying to make sense of it, this guide will walk you through the...
& Erickson, PLC
Smith Paulson O’Donnell & Erickson proudly serves clients in: Big Lake, Becker, Clear Lake, Albertville, Otsego, St. Michael, Buffalo, Monticello and more. We represent clients throughout Anoka County, Benton County, Hennepin County, Isanti County, Kanabec County, Mille Lacs County, Sherburne County, Stearns County and Wright County.
© 2026 Smith, Paulson, O’Donnell & Erickson, PLC | Disclaimer | Privacy Policy | Legal Website by PSM Marketing
& Erickson, PLC
Smith Paulson O’Donnell & Erickson proudly serves clients in: Big Lake, Becker, Clear Lake, Albertville, Otsego, St. Michael, Buffalo, Monticello and more. We represent clients throughout Anoka County, Benton County, Hennepin County, Isanti County, Kanabec County, Mille Lacs County, Sherburne County, Stearns County and Wright County.
© 2026 Smith, Paulson, O’Donnell & Erickson, PLC | Disclaimer | Privacy Policy | Legal Website by PSM Marketing






