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Minneapolis Criminal Appeals Attorney

Hire a top Minneapolis Criminal Appeals Attorney. Hire Lynne Torgerson! Ms. Torgerson is a top Minneapolis appeals lawyer serving, St. Paul, Edina, St. Louis Park, Minnetonka , Minneapolis, and all of Minnesota. Lynne can aggressively represent you in your criminal appeals, post criminal conviction relief, or other cases.

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Expert Minneapolis Criminal Appeals Attorney

What options are there after a criminal conviction?

Appeals, petitions for post criminal 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, a criminal defense lawyer, handles appeals, and has done so successfully for many years.  The Minnesota Attorney General handles criminal appeals for the State of Minnesota.

Another option is that a person can bring a petition for post criminal 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.

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Minnesota Minneapolis Criminal Appeals Attorney

Petition For Habeas Corpus

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 and all areas of criminal defense in the Minneapolis area.  For assistance, please call (612) 339-5073 .
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Minneapolis Criminal Appeals Attorney

If you find yourself charged in a criminal case, whether federal or local, and you seek representation in Minneapolis or throughout the state of Minnesota, contact Lynne Torgerson today for your free consultation. .

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Case Law Updates

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.

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

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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.

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

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.

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

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.

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

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.

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

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.

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

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.

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

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.

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

Right to a public trial versus closed courtroom.

Where a defendant sought habeas relief in a murder case, arguing that the court violated his right to a public trial when it briefly closed the courtroom to spectators, there was no constitutional violation because the closing occurred for an administrative proceeding to explain an earlier order on evidentiary issues before the jury was sworn in.  Affirmed.

Smith v. Titus, 18-2915, Colloton, J.  Appealed from the United States District Court, District of Minnesota.

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

Whether it was not error to deny defendant’s petition for postconviction relief?

Defendant pleaded guilty to fifth degree possession of a controlled substance in the County of Clay, State of Minnesota.  Subsequently, he brought a petition for postconviction relief, seeking to withdraw his plea of guilty.  The Minnesota Court of Appeals upheld the denial of defendant’s petition for postconviction relief.  The Court noted that despite his contention that  a friend left the pill in his car, it was still reasonable to infer that he constructively possess it under the circumstances, whereby the trial court did not err by holding that defendant’s plea was accurate.

Eberhart v. State, A19-1769, Clay County.

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

Whether defendant’s petition for a writ of habeas corpus was properly denied because denial of participation in early release program was not unconstitutional?

Defendant was convicted and sentenced to prison.  While in prison, defendant sought to participate in an early release program.  The Minnesota Department of Corrections denied his request to participate in the early release program.  Defendant was a petition for a writ of habeas corpus alleging that the denial violated his due process rights and equal protection rights.  The Minnesota Court of Appeals found no constitutional violation.  Affirmed.

Roybal v. Schnell, A20-0314, Crow Wing County.

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

Whether defendant’s motion to withdraw plea should be denied because it was accurate?

Defendant pleaded guilty to 3 counts of 1st degree aggravated robbery.  Subsequently, defendant brought a motion to withdraw his pleas on the grounds that his guilty pleas were invalid because they were inaccurate.  Defendant argued that there was no factual basis of him personally taking personal property, suing or threatening to use force, or being armed with a dangerous weapon.  The State responded that this argument lacked merit because a person who aids and abets a crime is as guilty as a principal offender.  The Minnesota Court of Appeals agreed with the State, holding that a factual basis that establishes that the defendant is guilty of aiding and abetting a robbery is sufficient to sustain an conviction for aggravated robbery.  Affirmed.

State v. Washington, A19-1218, Dakota County.

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

Whether the trial court did not err in denying petitioner’s request for habeas corpus?

Defendant brought a petition for habeas corpus and moved to vacate, set aside or correct his concurrent life sentences.  The Eighth Circuit Court of Appeals held that the District Court did not err in denying the motion because the defendant’s Iowa convictions for robbery and 1st degree robbery were serious violent felonies under the enumerated offense clause.  Affirmed.

Langford v. United States, 19-3541, Benton, J.  Appealed from the United States District Court, Southern District of Iowa.

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

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