Petition for postconviction relief2020-02-07T21:31:11+00:00

What options are there after a conviction?

One, a person can appeal.  Ms. Torgerson handles appeals, and has done so successfully.

Two, a person can bring a petition for post conviction to vacate a prior conviction.  If a petition for post conviction relief is granted, that person's conviction is vacated and the person's status essentially goes back to where it was before the case was resolved.  Typical grounds for bringing a petition for post conviction relief are that (1) the person is actually innocent of the crime of conviction; (2) newly discovered evidence; (3) that there is not a factual basis in the record supporting conviction of the crime; and (4) that the plea of guilty was not voluntary.  Petitions for post conviction relief are one of the most difficult types of matters to win.

Third, a person may be able to bring a petition for habeas corpus.  This essentially is a request to be released from custody, on the grounds that one is being held unlawfully.  Ms. Torgerson also handles petitions for writs of habeas corpus.

Ms. Torgerson handles appeals, petitions for post conviction relief, and petitions for a writ of habeas corpus.  She has been very successful in this area.  For assistance, please call (612) 339-5073.

CASE LAW UPDATE:  Lack of subject matter jurisdiction on habeas corpus petition

Defendant in bank fraud case filed a habeas corpus petition.  Defendant south declaration that his sentences must run concurrently.  Defendant failed to show that he was unable to pursue desired relief by filing a Section 2255 petition.  He did not show that Section 2255 was inadequate or ineffective.  Therefore, there was no subject matter jurisdiction for a Section 2241 Petition.  Vacated.

Lee v. Sanders, 18-3348, appealed from the Easter District of Missouri, Erickson, J.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

CASE LAW UPDATE:  Petition for post conviction relief regarding self defense

Defendant brought a petition for post conviction relief from his conviction of 3rd degree assault.  Defendant argued that the State failed to prove beyond a reasonable doubt that he did not act in self defense.  Noting that direct evidence showed that defendant was the aggressor and provocateur, the Minnesota Court of Appeals concluded that the evidence was sufficient to support the State's proof beyond a reasonable doubt that defendant did not act in self defense.

State v. Limper, A19-0770, Polk County.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

Localities Served

Ms. Torgerson, Esq. practices throughout the State of Minnesota.  She can also represent people in other states if granted pro hace vice admission.  More specifically, the terrorities in which Ms. Torgerson, Esq. practices include:  Minneapolis, St. Paul, Hennepin County, Ramsey County, Aitkin County, Albert Lea, Anoka County, Becker County, Beltrami County, Benton County, Big Stone County, Blaine, Bloomington, Blue Earth County, Brooklyn Center, Brooklyn Park, Brown County, Carlton County, Carver County, Cass County, Chippewa County, Chisago County, Clay County, Clearwater County, Columbia Heights, Cook County, Coon Rapids, Cottonwood County, Crow Wing County, Crystal, Dakota County, Dodge County, Douglas County, Faribault County, Freeborn County, Fridley, Goodhue County, Fillmore County, Grant County, Hennepin County, Hopkins, Houston County, Hubbard County, Isanti County, Itasca County, Jackson County, Kanabec County, Kandiyohi County, Kittson County, Koochiching County, Lac Qui Parle County, Lake County, Lake of the Woods County, LeSueur County, Lincoln County, Lyon County, Mahnomen County, Maple Grove, Marshall County, Martin County, McLeod County, Mille Lacs County, Meeker County, Minneapolis, Morrison County, Mower County, Murray County, Nicollet County, Nobles County, Norman County, Olmsted County, Otter Tail County, Pennington County, Pine County, Pipestone County, Plymouth, Polk County, Pope County, Ramsey County, Red Lake County, Red Wing, Redwood County, Renville County, Rice County, Richfield, Robbinsdale, Rochester, Rock County, Roseau County, St. Louis County, St. Louis Park, St. Paul, Savage, Scott County, Sherburne County, Shakopee, Sibley County, Spring Lake Park, Stearns County, Steele County, Stevens County, Stillwater, Swift County, Todd County, Traverse County, Wabasha County, Wadena County, Waseca County, Washington County, Watonwan County, Wilkin County, Winona County, Wright County, Yellow Medicine, and throughout the State of Minnesota. Again however, she practices in all cities, all counties, and all courts.