Appellate and Post-Conviction Relief

A person who is convicted of a crime has the right to appeal that conviction and sentence. Presenting and arguing the issues properly before an appellate court is a complex undertaking. Deborah Ellis has handled over 100 appeals in the Minnesota appellate courts and the federal Eighth Circuit Court of Appeals. A small sampling of Ms. Ellis' appellate cases include the following:

• United States v. Miller, 223 Fed.App. 522, 2005 WL 5419053 cert. granted, judgment vacated 2008 WL 1775007 (Apr. 21, 2008)
• United States v. Real Property Located at 3234 Washington Ave. No., 480 F.3d 841 (8th Cir. 2007)
• United States v. Stolba, 357 F.3d 850 (8th Cir. 2004)
• Gorman v. State, 2002 WL 1465949 (Minn.App.2002)
• Nelson v. Hvass, 280 F.3d 872 (8th Cir. 2002)
• State v. Pederson, 600 N.W.2d 451 (Minn. 1999)
• Strange v. 1997 Jeep Cherokee, 597 N.W.2d 355 (Minn.App.1999)
• United States v. Stover, 93 F.3d 1379 (8th Cir. 1996)

If you or a loved one has been convicted of a crime, lost a post-conviction hearing or had your property ordered forfeited, you may wish to appeal that decision. There are time limits on when appeals may be filed. If you wish to speak with Ms. Ellis about a possible appeal, call the Ellis Law Office at 651-288-3554 or submit a contact form to schedule your complimentary evaluation.

Post-Conviction Proceedings

Post-conviction proceedings are different from direct appeal proceedings. There are various state and federal post-conviction proceedings available to a person convicted of a criminal offense. These are very technical and complicated proceedings for which there are time limitations and issue limitations. Post-conviction proceedings are not intended to be second or repetitive appeals. A post-conviction proceeding is a collateral attack on a criminal proceeding. Issues raised in post-conviction proceedings are often matters not part of the trial record and may involve issues such as the following:

• newly discovered evidence
• favorable evidence withheld by the prosecution
• recantations by witnesses
• ineffective assistance of counsel
• structural irregularities in the proceedings which adversely affected a defendant's right to due process and a fair trial

While many prisoners attempt to pursue post-conviction remedies on their own,
the intricacy of post-conviction proceedings in state and federal court
are best left to an expert. Ms. Ellis has extensive expertise in this area.
Contact Ms. Ellis today.