Legal Question in Criminal Law in Minnesota

Overturn a Verdict

If a person is wrongly convicted of a crime and has served the time, how can they get the verdict overturned? This person also is not a US citizen. They are on the US deportation list. The victim in the crime was not an adult at the time and has attempted to refute the charges. The people who testified (her mom and sister) now are recanting (they felt pressured to testify). The transcripts of the case contain many errors (even to my untrained/unknowlegeable eyes).


Asked on 2/26/03, 9:20 am

2 Answers from Attorneys
John Alme Alme & Strootman, L.L.P.

Re: Overturn a Verdict

The "answer" to your question is a complicated one and to answer it specifically, I'd need more information. Generally speaking, however, post-conviction relief is available to address convictions that were obtained with false or misleading critical evidence or where there is compelling new evidence that the convicted person was not guilty. Be advised, though, that in any case as in the one you are describing, the convicted person will have a great deal to overcome to have any real opportunity for relief. I hope that helps.

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Answered on 2/26/03, 8:40 pm
Thomas C. Gallagher Gallagher Criminal Defense

Re: Overturn a Verdict - long after

This is not the sort of question that can be answered, even in a rudimentary way, on a BBS. It can be said that in this situation it would be difficult to overturn a jury verdict after so much time has passed. Still, where the need is great and the resources are available, there may be hope and some small chance. Consult with a lawyer who does criminal post-conviction relief work.

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Answered on 2/26/03, 1:19 pm


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