Court of Appeals Help Topic: Postconviction Appeal (Minnesota)

This Minnesota Judicial Branch help topic explains how to appeal a district court order denying a petition for postconviction relief, and links a Postconviction Appeal Packet and Checklist. It states that the appeal is generally due 60 days after the district court files the order denying the petition under Minn. R. Crim. P. 28.02 subd. 4(3)(c), that the clock runs from the date the court administrator files the order rather than when the petitioner receives it, and that the Court of Appeals may extend the deadline up to 30 additional days on a motion showing good cause. It notes that no filing fee is required for a postconviction appeal under Minn. Stat. 590.06, that first-degree murder postconviction appeals go to the Minnesota Supreme Court, and that appellants may apply to the Office of the Minnesota Appellate Public Defender for counsel. Brief deadlines are 63 days after the transcript is mailed if an evidentiary hearing was held, or 60 days from the notice of appeal if not; many pro se appellants file an informal brief, and every brief must include an addendum with the order being appealed.