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Minnesota Appeals / Appellate Law Questions & Answers
0 Answers | Asked in Appeals / Appellate Law and Family Law for Minnesota on
Q: How do I do a motion to the appeals court for transcript costs? IFP was granted but not transcript costs.

I'm appealing lower court custody and denial of legal fee orders. Was granted IFP for the appeal with transcript dates listed. When I got the costs from the district court reporters and submitted the supplemental IFP the court only granted a couple of little ones (pre-trial calls). So I... Read more »

0 Answers | Asked in Appeals / Appellate Law for Minnesota on
Q: denial order, i request review, reviewd but denied again, does appeal . start from 2nd denial?

does appeal period begin on service of first denial order or does it start on the second denial order after service of second denial order?

3 Answers | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Minnesota on
Q: i was pulled over because of an anonymous tip.

the tip said a drug deal would be happening at my place of employment at 2 involving a blue truck and black jeep. i drive a red truck. on my day off at 230 i stop by work and talk to a coworker. upon leaving i get pulled over because he believes i was involved in a drug deal and asked if they can... Read more »

Sarah Gad
Sarah Gad
answered on Jan 28, 2023

Generally speaking, if a police officer has probable cause to believe that a car has drugs or other contraband, then they are permitted to stop the driver of that car and search it without a warrant. This means that they can temporarily detain you and bring in K9 dogs, etc. while they search... Read more »

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1 Answer | Asked in Personal Injury, Appeals / Appellate Law, Civil Rights and Health Care Law for Minnesota on
Q: how can i be so violated in my rights and yet not have legal assistance in civil claims? is it easier to not help?

i have valid claim for county liability.

Tim Akpinar
Tim Akpinar
answered on Dec 4, 2022

A Minnesota attorney could advise best, but your question remains open for a week. It isn't clear what the matter is about, but keep in mind that if your claim involves a county or public agency, it's possible there could be notice of claim elements. Only a Minnesota attorney could advise... Read more »

3 Answers | Asked in Criminal Law and Appeals / Appellate Law for Minnesota on
Q: Minnesota. Won appeal on a Possession charge. Already in prison. Case was sent back to district court. Now what?

MN declined Supreme Court. Now what??

Sarah Gad
Sarah Gad
answered on Nov 26, 2022

The answer is: it depends. Generally speaking, if a person is convicted of a crime and sentenced to prison for that crime, then it follows that they must be released from prison if the predicate conviction was vacated on appeal. Unless the person was convicted of multiple offenses that carried... Read more »

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2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Minnesota on
Q: I got pulled over in fall 2020 for a missing headlight which ultimately led to me being charged with 5th degree possess

Question of ADA and criminal law I’m disabled due to neurological conditions and have bad memory I don’t remember most of the issues can it be dropped charges

Thomas C Gallagher
Thomas C Gallagher
answered on Mar 13, 2022

In Minnesota, generally police will be able to lawfully stop a vehicle with one of two headlights out. Disabilities and memory issues of the defendant would not normally be a defense to a criminal charge. However, depending upon type and severity of cognitive issues, issues such as... Read more »

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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Minnesota on
Q: Desperately seeking Criminal Appeals attorney for my fiance incarcerated, due to mental health I need him to care4me

Currently incarcerated in Faribault MN Prison. Was sentenced 12/21/2012, 4 years remaining. With the laws changing and my depreciating mental health, I need him out here is possible to take care of me. Looking for Appeals Attorney to review his case and see what our options are. Im on disability... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jan 1, 2022

Your fiancee's has already appealed his convictions. That appeal was decided by the Minnesota Court of Appeals April 28, 2014. Absent something extraordinary, he no longer is able to appeal or challenge any errors that might've occurred in his case. An appellate attorney would need to... Read more »

1 Answer | Asked in Appeals / Appellate Law for Minnesota on
Q: What is the remedy for the court of appeals failing to make a decision within the 90 day timeframe?

I appealed the denial of a motion to suppress in my criminal case. The briefs were filed and the case submitted to appeals on September 21. I read the decision must be made in 90 days. What happens when they don't?

Charles William Michaels
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Charles William Michaels
answered on Dec 22, 2021

Nothing. The decision will be issued in due course.

1 Answer | Asked in Appeals / Appellate Law, Family Law and Juvenile Law for Minnesota on
Q: Should I file and appeal on a judges ruling regarding the name change of a minor when recipient was not served properly?

The mother of my bfs daughter has been trying to change the last name of his 3yo daughter to her new married name. He first received a letter in the mail regarding this motion in Sept. The letter only indicated the time, date, and virtual hearing link. It was in Oct 2021 and he showed up to find... Read more »

Charles William Michaels
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Charles William Michaels
answered on Dec 16, 2021

Perhaps an appeal would be proper

1 Answer | Asked in Appeals / Appellate Law and Social Security for Minnesota on
Q: My social security disability has gone to the federal courts and no one will take my case!

My social security disability has gone to the federal courts and no one will take my case! can I sue for discrimination? I feel I have been discriminated all along and my journals re disregarded. Would you take my case??

Tim Akpinar
Tim Akpinar
answered on Nov 25, 2021

This is something that a social security disability attorney would probably understand best, but your post remains open for five weeks. It could be difficult for an attorney to offer to handle your case in response to your question - this forum does not operate like an attorney referral service... Read more »

1 Answer | Asked in Constitutional Law, Appeals / Appellate Law and Civil Rights for Minnesota on
Q: Police fabricated probable cause statement to charge and convicted me assault when there was NO injuries. Police and Dr

Have both testified stating there were NO INJURIES and yet I was still found guilty of assault and the judge lied in his findings of facts saying the doctor witnessed injuries when she testified stating that there were NO injuries and I believe that is "fraud on the court" and voids... Read more »

Charles William Michaels
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Charles William Michaels
answered on Oct 24, 2021

There is "assault" and "battery." You could have an assault WITHOUT a battery, but the reverse doesn't apply. So even if there were no injuries, a person can commit an assault. Putting someone else in fear of their safety or possible injuries, or worse, when there is intent... Read more »

2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Minnesota on
Q: If a judge lies in his findings that a doctor testified the "victim" had injuries when the doctor said opposite = fraud?

Is that not the definition of (fraud on the court) or judicial error?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 23, 2021

The use of the term lies implies that the judge intentionally said or wrote something that was untrue knowing that it was untrue. Making a finding that was inconsistent with the record presented in court would be error. But error is only significant if it is reversible error and you don’t... Read more »

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1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Social Security for Minnesota on
Q: I am trying to find someone who will represent me in a Social Security disability claim which is Federal case.

I need someone to represent me in a federal case for social security. If you can help me

Thank You for your help.

Hello, I am looking for someone to represent me in a civil case for social Security Disability. I live in Lakeville MN 55044.

My case cannot be started over... Read more »

Tim Akpinar
Tim Akpinar
answered on Nov 9, 2021

A Minnesota attorney could advise best, but your post remains open for three weeks. It could be difficult for an attorney here to reach out to you - the format on this forum is basically quick general questions, not attorney referrals. One option is search online for social security disability... Read more »

1 Answer | Asked in Employment Law, Appeals / Appellate Law and Civil Rights for Minnesota on
Q: my general manager held his office door shut preventing me from leaving.

my unemployment benefits are being withheld.

Paul Lelii
Paul Lelii
answered on Oct 25, 2020

I hope your okay physically due to your manager's aggressive behavior. I suggest you contact law enforcement to report the facts to them in addition to making it known to your employer in writing as to what happened. Tell the truth always. If your benefits for unemployment are being withheld,... Read more »

1 Answer | Asked in Appeals / Appellate Law and Public Benefits for Minnesota on
Q: After winning my appeal and granted a new trial the district attorney didn't pursue charges am I entitled to compensatio
Charles William Michaels
PREMIUM
Charles William Michaels
answered on Oct 21, 2020

Ordinarily, NO. But you can pursue that with the State's Attorneys office.

3 Answers | Asked in Criminal Law and Appeals / Appellate Law for Minnesota on
Q: What does this mean? F - 1 COURT/PENDING - 152.025.2 Drugs - 5th Degree Controlled Substance - Pos
William Bailey
William Bailey
answered on Aug 31, 2020

It means you have been charged with a drug crime. Contact a lawyer directly for more specific advice.

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1 Answer | Asked in Family Law and Appeals / Appellate Law for Minnesota on
Q: How can a Judge decide a biological parent was a 'de facto custodian'?

Is there any way to appeal or overturn the original court order from 2017?

Charles William Michaels
PREMIUM
Charles William Michaels
answered on May 8, 2020

I do not have the information about the case to give a definitive answer. However, a judge can after a review of all the evidence and testimony decide that parent (biological or not) is the de facto custodian of a child. Since the court order was in 2017, the appeal period has passed, although an... Read more »

1 Answer | Asked in Family Law, Admiralty / Maritime, Appeals / Appellate Law and Child Custody for Minnesota on
Q: How can I sue the court

I am being deprived my due process

Tim Akpinar
Tim Akpinar
answered on Sep 22, 2019

Additional information is needed. Due process is a broad area and the manner in which your rights are being violated is not clear from the facts at hand.

Tim Akpinar

1 Answer | Asked in Criminal Law, DUI / DWI, Appeals / Appellate Law and Constitutional Law for Minnesota on
Q: Can I be arrested for DUI,if I wasn't driving? And I didn't get pulled over by a cop,they came 1/2 hour later
Thomas C Gallagher
Thomas C Gallagher
answered on Jun 10, 2019

I have seen many cases where a person was arrested for DUI even though the police officer did not observe driving. And I've won many of those cases after working hard on motions to dismiss and rescind. The two most common scenarios are (1) a person suspected to have been driving a disabled... Read more »

2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Minnesota on
Q: I am making a presentation on Ford V. Wainwright for school, can I get some assistance?

One of the things that we have to clarify is the order of cases and appeals. We need to start with the original case, working up all the way through Ford V. Wainwright. Would you be able to help me with this?

Gary Kollin
Gary Kollin
answered on May 10, 2019

This sounds like a violation of the honor code by asking someone to do tge work for you.

The person you should consult is your teacher

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