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Minnesota Appeals / Appellate Law Questions & Answers

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 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 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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1 Answer | Asked in Appeals / Appellate Law for Minnesota on

Q: Can you appeal a jury verdict in a civil trial? Half the jurors were sleeping through most of the trial.

Joseph A. Gangi answered on Oct 29, 2018

You can appeal, absolutely. The chance of success is a different question. You should speak to an appellate attorney as soon as possible because anything related to an appeal or other post-trial work has a very strict and very short deadline.

2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Minnesota on

Q: Can you be locked up for your 1st violation of probation after a year of good behavior on a 4yr probation bc of DAC

I think my PO wants to lock me up bc i was caught driving on a 4yr probation of my 3rd dui i want a lawyer bc i feel i been doing great ive passed all UA's and did all treatment in classes just made one mistake

Luke Neuville answered on Mar 15, 2018

It is possible that you could be facing jail for a first time probation violation but it's not guaranteed. Is your case in Hennepin county?

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1 Answer | Asked in Traffic Tickets and Appeals / Appellate Law for Minnesota on

Q: Is it contempt of court to refuse to sign payment agreement paper work ?

Traffic ticket for speeding the judge found me guilty but not beyond reasonable doubt.

Thomas C Gallagher answered on Oct 26, 2017

I believe we already discussed this on the phone so I won't go into detail here. Short answer is "it's possible, but a judge would have to give a specific warning first." I am skeptical that the court would follow through on such an extreme threat.

It's great to see people fighting their...
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1 Answer | Asked in Appeals / Appellate Law for Minnesota on

Q: Appeals Judge Being Mislead/ Does the appeal Judge have the authority to reverse it's order without appeal request

The County supplied false and misleading information nor complied with the rules of evidence in direct violation of the District Court Order of which the decision was in violation of.

Joseph A. Gangi answered on Sep 9, 2016

Your question is confusing. The appellate court does not have jurisdiction to reverse a trial court decision unless an appeal is filed. If an appeal is filed and you disagree with the appellate court's decision, you must petition for review in the supreme court.

1 Answer | Asked in Appeals / Appellate Law for Minnesota on

Q: If you bring up issues in your direct appeal can they be later brought up and argued again

Joseph A. Gangi answered on Sep 2, 2016

I assume you are referring to a criminal appeal and the possibility of raising issues in a post-conviction petition. Generally speaking, the answer is no. This is referred to as being "Knaffla-barred." There are very limited exceptions to the general rule.

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Traffic Tickets for Minnesota on

Q: Is there Constitutional rights to travel without a license in a motor vehicle in Minnesota

I recently got a ticket for driving on a cancelled license but I was parked at a gas station and the police were called there for another person but because that person came and sat in my car they searched my car and towed it I was not on drugs or drinking i simply was minding my own business

Joseph A. Gangi answered on Sep 2, 2016

No, you do not have a Constitutional right to a driver's license.

1 Answer | Asked in Appeals / Appellate Law for Minnesota on

Q: I am looking for information about estimated costs for appeal process in a divorce case?

I am currently working with an attorney... My ex wife is filling an appeal AND I don't have money to pay for attorney...

Robert Jason De Groot answered on Oct 18, 2015

Ask the attorney you are working with about this. When you post a question online, like this one, no one may even try to respond until it is too late.

1 Answer | Asked in Appeals / Appellate Law for Minnesota on

Q: I live in MN but my FA case is in WI. I need to appeal a circuit judge ruling. Can I get counsel appointed to me in WI?

I am disabled and qualify as indigent. Legal aid in MN won't help in WI, WI legal aid won't help b/c I live in MN. I am told I will need counsel for appellate process.

Robert Jason De Groot answered on Sep 27, 2015

Probably not. This was asked many months ago. You were told then that you needed counsel.

1 Answer | Asked in Appeals / Appellate Law for Minnesota on

Q: I really need consultation and/or representation in a DHS Appeal.

I went to the first hearing and asked the judge for a continuance as I felt unprepared. She granted the continuance until June 11th and told me if I was looking for an attorney they would need to practice administrative law. I am having trouble finding such or getting anyone to call back. My... Read more »

Robert Jason De Groot answered on Sep 14, 2015

You needed to hire a private attorney back then, one who does administrative law. Most attorneys in your area will be able to help or be able to recommend someone who can help. Go see a local attorney if you have not done so already.

1 Answer | Asked in Appeals / Appellate Law for Minnesota on

Q: What happends if I doný answer an appeal beacause I can´t afford any more my lawyers?

Joseph A. Gangi answered on May 13, 2015

You cannot lose a Minnesota appeal by default. The appealing party will still need to convince the appellate court to reverse. Nevertheless, you are wise to find appellate counsel to represent your interests on appeal and convince the court to affirm. A reversal often means additional... Read more »

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