- Strict deadlines appeal time starts right after sentencing.
- Two paths direct appeal and post-conviction are separate.
A conviction or sentence is not always the end. Minnesota's appellate courts and the post-conviction process offer separate ways to challenge what happened in the trial court - but the deadlines are strict and start running right away.
Court of Appeals, then the Supreme Court
Most criminal appeals are decided by three-judge panels at the Court of Appeals. Supreme Court review is discretionary and sought by a petition for review within 30 days.
How the court reviews decides the case
Pure legal questions get fresh review, while discretionary rulings are reviewed only for abuse of discretion. Identifying issues with a favorable standard of review is much of appellate strategy.
Appeal vs. post-conviction
A direct appeal reviews the existing record for legal error. Post-conviction relief under chapter 590 raises claims that depend on facts outside the record, such as ineffective assistance or newly discovered evidence.
What is at stake
- The 90-day deadline to file a notice of appeal (felony/gross misdemeanor)
- The 30-day deadline to petition the Supreme Court for review after a Court of Appeals decision
- Issues that may be waived if not preserved or raised in time
- Custody status while an appeal is pending
What the defense examines
- Which issues have the most favorable standard of review
- Whether a direct appeal, post-conviction petition, or both is the right vehicle
- What was preserved in the trial-court record
- Ineffective-assistance, newly discovered evidence, and off-record claims
- Realistic prospects at the Court of Appeals and on petition for review
Updated May 18, 2026 · Law verified as of May 18, 2026. This article is general information about Minnesota law, not legal advice.
Frequently Asked Questions
How long do I have to appeal?
Generally 90 days from final judgment for a felony or gross misdemeanor, and later 30 days from a Court of Appeals decision to petition the Supreme Court for review. The deadlines are strict and the court will not remind you.
Is an appeal a new trial?
No. An appeal reviews the trial-court record for legal error - there is no new jury or new evidence. The court can affirm, reverse, or remand.
What if my issue is not in the record?
Claims that depend on facts outside the record, like ineffective assistance of counsel or newly discovered evidence, are usually raised through a post-conviction petition under chapter 590 rather than a direct appeal.
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Read the guideThe information on this article is for general informational purposes only and is not legal advice. Reading this article does not create an attorney-client relationship.