Criminal Appeals in Minnesota

The Deadlines — and Why They Are Critical

Under Minn. R. Crim. P. 28.02, subd. 4(3), the time to file a notice of appeal depends on the case:

• Felony or gross misdemeanor conviction: 90 days after final judgment;
• Felony sentence: 90 days after sentencing;
• Misdemeanor or petty misdemeanor: 30 days; and
• An order denying a postconviction petition: 60 days after the order.

The Court of Appeals can extend the time to appeal a conviction by up to 30 days for "good cause," but you must move for it — and no extension is available for a sentencing appeal or a probation-revocation appeal. Miss the deadline and you generally lose the direct appeal entirely, leaving only the narrower postconviction route. Do not wait to get advice.

Where the Appeal Goes

Most criminal appeals go to the Minnesota Court of Appeals. The major exception: in first-degree murder cases, appellate jurisdiction lies directly with the Minnesota Supreme Court — including appeals from orders denying postconviction relief in those cases. After the Court of Appeals decides, a party can ask the Supreme Court to review by filing a petition for further review within 30 days, which the Court grants at its discretion.

What Can Be Appealed

A defendant may appeal as of right from an adverse final judgment and from any sentence imposed or stayed in a felony case. Common issues raised on direct appeal include:

• Evidentiary errors — admitting evidence that should have been excluded, or excluding defense evidence;
• Suppression rulings — the denial of a motion to suppress under the Fourth or Fifth Amendment;
• Jury-instruction errors;
• Insufficient evidence to sustain the conviction;
• Prosecutorial misconduct; and
• Sentencing errors — an incorrect criminal-history score, a misapplied guidelines cell, or an improper departure.

Preserved Error vs. Plain Error

Whether an issue was objected to at trial matters a great deal. A preserved error (one the defense raised below) gets fuller review. An unpreserved error is reviewed only for plain error — the defendant must show an error that was plain and that affected substantial rights. This is one reason trial objections matter long after trial, and why some claims are better raised through a postconviction petition with a developed record.

Standards of Review

The appellate court does not simply decide the case fresh. It applies a standard of review that determines how much deference the trial court gets. Legal questions are reviewed de novo (no deference). Many evidentiary and sentencing decisions are reviewed for abuse of discretion (substantial deference). Factual findings are reviewed for clear error. The applicable standard often decides the appeal, which is why framing the issue correctly is half the work.

How the Process Works

An appeal proceeds on the record made in the district court — the transcripts, exhibits, and filings. After the notice of appeal, the court reporter prepares transcripts, and briefing follows: the appellant's brief lays out the claimed errors, the State responds, and the appellant may reply. The court may hear oral argument or decide on the briefs. Formal briefs have content and length requirements (generally a 14,000-word limit for a formal brief), and the addendum must include the order or decision being challenged.

The Public Defender on Appeal

A defendant who cannot afford counsel has a right to representation on a first direct appeal through the Office of the Minnesota Appellate Public Defender, which evaluates eligibility. The criminal-appeal filing fee is waived for those found indigent, and no filing fee is required for a postconviction appeal under section 590.06.

Appeal vs. Postconviction Relief

A direct appeal is built on the existing trial record. But some claims — like ineffective assistance of counsel or newly discovered evidence — often need facts outside the record, which a direct appeal can't develop. Those claims usually belong in a postconviction petition under chapter 590, where a court can hold an evidentiary hearing. See our guide on postconviction relief in Minnesota, and on the related habeas corpus and extraordinary writs. Choosing the right vehicle — and the right order — is a strategic decision with lasting consequences.

Key Terms

• Direct appeal: Review of the trial record for legal error, filed shortly after judgment.
• De novo: Review with no deference to the trial court, used for legal questions.
• Abuse of discretion: A deferential standard for many evidentiary and sentencing rulings.
• Plain error: The limited review available for issues not objected to at trial.
• Petition for further review: The request asking the Supreme Court to review a Court of Appeals decision.

Talk to a Minnesota Criminal Appeals Lawyer

Appeals turn on deadlines, the trial record, and the right standard of review — and the window to act is short. If you are considering an appeal of a Minnesota conviction or sentence, call right away so the deadline doesn't decide the question for you.