Denver, CO asked in Criminal Law and Domestic Violence for Minnesota

Q: how to get a conviction thrown out if the judge bipassed evidence and used a dead person as a witness

the judge used a dead person as a witness in a criminal domestic trial is that lawful and also I thought they have to prove beyond a reasonable doubt they took hearsay of my baby mom and the doctor said there were no signs of strangulation the police said the something and she also contradicted what she said in the police report as well as admitted to hitting me in the head with a baseball bat stabbing me a tazer was found as well as broken glass and I was found guilty I want this conviction overturned

3 Lawyer Answers
Jonathan Matthew Holson
Jonathan Matthew Holson
Answered
  • Criminal Law Lawyer
  • Saint Cloud, MN
  • Licensed in Minnesota

A: There is no way to answer this question given the information in this question. I understand that this is your recitation of what occurred in the trial. I presume that the county attorney would view things much differently. The only way to assess the legitimacy of your conviction would be to review a transcript of the trial and review whether there were legal errors that occurred during the trial. You would have to hire counsel to review the transcript and pay for the trial transcript as well to get an accurate assessment of whether the conviction can be reversed or not.

William Bailey
William Bailey
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: You would need to pursue and appeal or post conviction relief. An attorney would need to review transcripts from the trial court to know whether there is any chance of success.

Thomas C Gallagher
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: The questions about trial errors would require a review of the trial transcript. That's just not possible here. Contact a criminal defense attorney who regularly does post-conviction work. And do it soon, because there are short deadlines for appeal and other post-conviction relief. If you can't afford a private post-conviction attorney, be sure to contact the Appellate Public Defender's Office, ASAP.

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