Petition for postconviction relief2020-04-16T04:38:44+00:00

WHAT OPTIONS ARE THERE AFTER A CONVICTION?

Appeals, petitions for post conviction relief, motions to withdraw plea, motions to correct sentence, and Habeas Corpus

One, a person can appeal.  Generally, an appeal must be brought within usually, 30, 60, or 90 days, depending upon the type of case you had.  The time is short, so you need to move quickly.  Ms. Torgerson handles appeals, and has done so successfully.

Another option is that 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:  Habeas corpus case not moot because defendant released from prison

Defendant brought petition for habeas corpus after he was released from prison.  The Minnesota Court of appeals dismissed the habeas corpus petition on the grounds that it was moot after defendant was released from prison.  The Minnesota Supreme Court reversed, concluded that a petitioner’s petition for habeas corpus is not rendered moot by his release from incarceration.  On remand, on other grounds the Minnesota Court of Appeals again dismissed the case.

State ex rel. Young v. Schnell, A17-1741, Anoka County.

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.

CASE LAW UPDATE:  Second petition for post conviction relief for second degree assault

Defendant challenged the trial court’s denial of his second petition for postconviction relief in his second degree assault case.  Noting that defendant did not present the victim’s affidavit as a basis for relief until approximately 19 years after his conviction, the Minnesota Court of Appeals concluded that the trial court did not abuse its discretion.  Affirmed.

Reed v. State, A19-0882, Hennepin County.

Commentary:  A petition for postconviction relief is one of the most difficult types of proceedings to win.  Further, it becomes more difficult to win a petition for postconviction relief with each subsequent petition.

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

CASE LAW UPDATE:  Timeliness of petition for post conviction relief

Defendant’s petition for post conviction relief was denied.  On appeal, defendant argued that the trial court (1) abused it discretion when it considered the timeliness of his petition where the State did not raise this issue; (2) erred by denying his request for an evidentiary hearing, rejecting due process violations, and denying his petition.  The Minnesota Court of Appeals concluded there was no error in consideration of timeliness issue, and that prosecutorial misconduct issues were Knaffla barred.  Affirmed.

Honeycutt v. State, A19-0887, Ramsey County.

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

CASE LAW UPDATE:  No post conviction relief available for stay of adjudication

Defendant resolved his case under a stay of adjudication.  He successfully completed probation and the charge was dismissed.  Thereafter, defendant brought a petition for post conviction relief.   The Minnesota Court of Appeals concluded that because he received a stay of adjudication and had been discharged from probation, defendant could not seek relief under the post conviction statute.  Affirmed.

Johnston v. State, A19-0672, Olmsted County.

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

CASE LAW UPDATE:  Defendant brought a petition for postconviction relief to withdraw his plea to failing to register as a predatory offender

Defendant pleaded guilty to failing to register as a predatory offender in the Hennepin County District Court.  Subsequently, he brought a petition for postconviction relief.  He sought to withdraw his plea on the grounds that it was not voluntary and intelligent because he was not informed his sentence could include a conditional release term.  The Minnesota Court of Appeals concluded that any failure to inform defendant of the potential for a conditional release term was not ripe, and, did not invalidate his plea.

State v. Dean, A18-1514, Hennepin County.

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

CASE LAW UPDATE:  Defendant brought motion to withdraw plea to 3rd degree criminal sexual conduct

Defendant was charged with 3rd degree criminal sexual conduct.  During plea negotiations, the trial court made comments.  Defendant pleaded guilty to 3rd to criminal sexual conduct.  Subsequently, defendant brought a motion to withdraw his plea on the grounds that the trial court’s unsolicited comments during plea negotiations made his plea involuntary.  The Minnesota Court of Appeals held that defendant failed to establish that his guilty plea was involuntary.  Affirmed.

State v. Leason, A19-0876, Hennepin County.

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

Call Minnesota Criminal Defense Lawyer Lynne Torgerson for representation at (612) 339-5073!

Criminal Defense Lawyer, Lynne Torgerson, (612) 339-5073, a lawyer of excellence and experience of over 29 years, can represent you or your loved one on appeals, petitions for post conviction relief, motions to withdraw your plea, motions to correct sentence, etc.