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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

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

Thomas C Gallagher
Thomas C Gallagher
answered on Aug 29, 2023

As a practical matter, the day before a trial begins is too late to retain an attorney in that case. That should be avoided by retaining an attorney near the beginning of a case. The best option "the day before trial" might be to ask the judge for a postponement of the trial, to allow... View More

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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

Thomas C Gallagher
Thomas C Gallagher
answered on Jan 29, 2023

When I represent a client, I obtain as much information I can about all the facts and circumstances related to the case. Then I analyze it all for legal issues that could benefit my client. When first discussing a case with some who is not a client, naturally we have start somewhere, with first a... View More

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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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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

Lucas Wynne
Lucas Wynne
answered on Feb 10, 2023

This sounds like a classic case for a Rodriguez motion. Rodriguez v. United States, 575 U.S. 348, was a United States Supreme Court case which analyzed whether police officers may extend the length of a traffic stop to conduct a search with a trained detection dog.

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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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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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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??

Thomas C Gallagher
Thomas C Gallagher
answered on Nov 27, 2022

Since a good answer would require the information already possessed by your lawyer, it would make sense to ask your lawyer this question. Different issues can be appealed form the trial court, at different stages in the process. For example: (1) the prosecutor can appeal a pretrial ruling in... View More

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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 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
PREMIUM
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
PREMIUM
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... View More

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