Appeal Attorney in Shakopee, Minnesota Including Scott County, Carver County and Dakota County
If you have litigated a case, and disagree with a decision of the jury orjudge, you can dispute that decision by filing an appeal. If you are looking to appeal your case, Mr. Peterson is an experienced Minnesota divorce lawyer that can help.
Appeal in Family Law Cases
In family law cases, a litigant may appeal a decision of a judge by:
- Demonstrating that a decision failed to follow controlling legal principles;
- Demonstrating that the judge’s decision was an abuse of discretion; or
- Demonstrating that the judge’s decision not based on substantial, credible evidence.
All family law appeals are referred to the Minnesota Court of Appeals for review, and an individual has a limited time in which to file an appeal after a judge’s final decision was made. The rules for filing an appeal are very strict. For instance, failure to submit a brief in the correct format, or a mistake in how the brief and appendix are to be prepared, could cause the clerk’s office to reject the submission altogether. When a a litigant is serious about winning an appeal, enlisting the services of an experienced attorney is crucial.
Appeal in Criminal Cases
In criminal cases, a defendant has the absolute right to one appeal. The appeal may be to the Court of Appeals or the Minnesota Supreme Court depending on the nature of the case. A defendant can appeal any issue raised during the trial, as well as challenge whether there was enough evidence to convict them of a crime.
Stay Pending Appeal
It is also important to understand what happens to the original decision during the appeals process. The original decision of the court remains in effect while it is being appealed, unless the Court issues a “stay pending appeal.” A stay can be obtained by the filing of a motion. Prior to filing a motion for a stay pending appeal with the Minneesota Court of Appeals, you must first request the judge to issue a stay. In order to be successful on a stay motion, the following must be shown:
- Irreparable harm will result from enforcement of the judgment pending appeal;
- The appeal presents a meritorious issue and that you have likelihood of success on the merits; and
- Assessment of the relative hardship to the parties reveals that greater harm would occur if a stay is not granted than if it were granted.
Evidence presented to the court usually comes in the form of testimony through a written affidavit.
Evaluating Whether to Appeal
Mr. Peterson can assist you by evaluating your chances of success if seeking or defending an appeal, provide you with a reasonable estimation of length of time and expense involved, and offer you guidance in making an informed decision on whether or not to file an appeal. Contact Mr. Peterson today if you are interested in filing a family law appeal to further discuss the process.