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Minnesota Appeals / Appellate Law Questions & Answers
2 Answers | Asked in Appeals / Appellate Law, Criminal Law, Native American Law and Traffic Tickets for Minnesota on
Q: Is Driving after Cancelation (IPS) ,civil reg. Or criminal? I am a enrolled tribal member, and I was cited on res land

I was cited by a tribal officer, but I was given a Becker Co. Citation, I requested this remain in tribal court and was denied, because the officer believed dac,IPS is a criminal act and would be heard in district court.

James L. Arrasmith
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answered on Apr 16, 2024

Driving after Cancellation (DAC), specifically when labeled as "inimical to public safety" (IPS), is typically regarded as a criminal offense. The categorization as criminal stems from the potential threat to public safety implied by the IPS designation. This determination means that the... View More

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1 Answer | Asked in Family Law, Appeals / Appellate Law and Domestic Violence for Minnesota on
Q: How do I fight a “revenge restraining order” (OFP) that was filed against me—& granted?

My wife had been violent with me since 2014, but walked out & filed for divorce in Nov of ‘22. 8 months later, after being quiet about the abuse for years, I did a social media post discreetly talking about (I said no names or relationships) what I was & had been going through. The next... View More

Robert Kane
Robert Kane
answered on Dec 23, 2023

You will need to convince the court you are entitled to a new hearing because you were unable to attend. I apologize, but I don't know specifically what you need to file without more information. Perhaps another attorney can help. Based on the rest of your question, it doesn't seem you... View More

1 Answer | Asked in Appeals / Appellate Law for Minnesota on
Q: How to appeal a Conciliation Court judgment issued on April 28, 2025, with a deadline on May 22, 2025?

I have a judgment from Conciliation Court issued on April 28, 2025, and I'm interested in appealing it because I have no income to pay it. The deadline to file the appeal is May 22, 2025. How can I proceed with this appeal?

James L. Arrasmith
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answered on May 15, 2025

To appeal the judgment from Conciliation Court, you must file a Notice of Appeal with the court by the deadline, which is May 22, 2025. You can typically obtain the Notice of Appeal form from the court or online. Be sure to fill it out correctly and submit it to the court where the judgment was... View More

1 Answer | Asked in Appeals / Appellate Law, Bankruptcy, Civil Litigation and Tax Law for Minnesota on
Q: Is my settlement from BSA trust fund taxable in Minnesota?

I am in the process of receiving a monetary settlement from the Boy Scouts of America trust fund for sexual abuse that occurred in 1969 when I was 9 years old. I am now 67 years old, and live in Minnesota. My attorneys are from Portland, Oregon, and they informed me that they cannot assist with... View More

James L. Arrasmith
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answered on May 10, 2025

Under federal tax law, the Internal Revenue Code Section 104(a)(2) excludes from gross income "damages received on account of personal physical injuries or physical sickness." The IRS has specifically addressed sexual abuse settlements, indicating that they assume personal physical... View More

2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Minnesota on
Q: What does appellate court info mean related to my 1999 case in Dakota County?

I was charged with a case involving sexual offenses in 1999, and I filed an appeal. Recently, I searched for my name, Harvey Kelly Richardson, and found a reference related to this case in the appellate court in Dakota County. I would like to understand what this appellate court information means... View More

Robert Kane
Robert Kane
answered on Apr 29, 2025

https://www.mncourts.gov/Access-Case-Records.aspx

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1 Answer | Asked in Appeals / Appellate Law, Gov & Administrative Law, Tax Law and Foreclosure for Minnesota on
Q: Is it fraudulent if the note was securitized and no real loan was made?

I represented myself in federal court and my case was dismissed. I filed forms 1099-A and 1099-OID against the lender/servicer, claiming that the all-caps name on the documents shows I am the true lender and they are the borrower. I argued that the note was securitized and that no actual loan was... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like you’ve been through a difficult and complex legal situation, especially involving your home and a federal case. While you may believe that securitization of the note invalidated the loan or that your filings made you the lender, courts have repeatedly rejected these arguments... View More

Q: Clarification on ATF form 4473, intimate partner status after divorce and HRO in Minnesota.

I'm seeking clarification on ATF form 4473, question 21.i. I was divorced on November 21, 2023, and my ex-spouse and I have been apart and have not communicated outside of court testimony since March 15, 2022. On August 23, 2024, Minnesota issued a Harassment Restraining Order (HRO) against... View More

James L. Arrasmith
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answered on Mar 24, 2025

Form 4473 question 21.i specifically asks if you are subject to a court order restraining you from harassing, stalking, or threatening an "intimate partner." Under federal firearms laws, an intimate partner generally refers to a spouse, former spouse, parent of a shared child, or someone... View More

1 Answer | Asked in Gov & Administrative Law and Appeals / Appellate Law for Minnesota on
Q: Seeking legal help to track pro se motion to vacate in MN.

I filed a motion to vacate pro se on February 6th and I'm looking for legal assistance to ensure it doesn't get overlooked. Despite having a strong case for early release, finding a lawyer has been challenging, possibly due to political aspects of my case. I need help tracking the motion... View More

Robert Kane
Robert Kane
answered on Feb 17, 2025

What you expect from an attorney is not clear. What do you mean you want "legal help to track pro se motion to vacate?" Are you unable to receive mail or email? Do you have money to pay an attorney? Perhaps you should repost.

1 Answer | Asked in Family Law, Appeals / Appellate Law and Child Custody for Minnesota on
Q: What is the deadline to start and file an appeal in a custody case in Minnesota?

There is an order dated entered on March 21, 2024.

Robert Kane
Robert Kane
answered on Apr 24, 2024

In most cases, the deadline for filing is 60 days from the date of the final court order. Your case may differ depending on your specific case.

Rob Kane

Eagan Family Law Attorney Minnesota

2 Answers | Asked in Appeals / Appellate Law for Minnesota on
Q: Can anyone tell me what the statute, rule, or authority authorizing the appeal of an OFP would be? Is it Rule 103.03(g)?

I'm trying to appeal a false OFP that was filed against me on my own. The OFP was filed by my abuser in retaliation to me telling someone about their abuse. When the hearing for the OFP was taking place, I was in the hospital, then being transferred from one hospital to another by ambulance... View More

Robert Kane
Robert Kane
answered on Feb 4, 2024

It is most likely (h.) I am not sure if an appeal is appropriate. Did you call the as soon as you were physically able? Good luck.

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2 Answers | Asked in Criminal Law, Family Law, Appeals / Appellate Law and Domestic Violence for Minnesota on
Q: Can i find an attorney for a trial that starts tomorrow for False Allegations of Sexual assault and Maltreatment, MN?

Complex Case: Criminal CPS cases dismissed. Civil current. Appeals? Indefinitely suspended FamilyPT, Juvenile history. Lawyer terminated our client/att. Relationship. Cannot find anyone to represent me. Urgent ExParte; Daughter attempted suicide due to forced to lie about accusation and father... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Aug 29, 2023

An attorney is not going to be prepared who is retained the day for a hearing/trial. It is unclear from your question whether this is a criminal trial; an OFP/HRO hearing; a child protection trial; or something else. Your best bet is to go to the hearing and request additional time from the Court... View More

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1 Answer | Asked in Appeals / Appellate Law for Minnesota on
Q: I have a appeal case with unemployment benefits that I need help with
Robert Kane
Robert Kane
answered on Jun 23, 2023

The law library is excellent place to start. I am sure you are with familiar with the State's website. You will need to contact attorneys. Attorneys can't come to you.

Are you appealing the initial denial (administrative review) or proceeding to the court of appeals?

In...
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1 Answer | Asked in Appeals / Appellate Law for Minnesota on
Q: How is it legal for an appeals judge to rule on his opinion rather than rule by the law?

My father's estate has been appealed over and over until it went to the Minnesota supreme Court the appellate judge ruled on his opinion rather than the law. How is this acceptable?

Tim Akpinar
Tim Akpinar
answered on Apr 11, 2023

A Minnesota attorney could advise best, but your question remains open for a week. Any attorney is going to ask to see the file and the appellate court decision. It would be difficult for anyone here to directly answer your question or offer guidance based on these brief facts. As a general note,... View More

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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View More

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

Perhaps an appeal would be proper

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