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Minnesota Appeals / Appellate Law Questions & Answers
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
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
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 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 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
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 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
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
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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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
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
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
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...
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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
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
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.

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