Petition for postconviction relief

What options are there after a conviction?

One, a person can appeal.  Ms. Torgerson handles appeals, and has done so successfully.

Two, a person can bring a petition for post conviction to vacate a prior conviction.  If a petition for post conviction relief is granted, that person’s conviction is vacated and the person’s status essentially goes back to where it was before the case was resolved.  Typical grounds for bringing a petition for post conviction relief are that (1) the person is actually innocent of the crime of conviction; (2) newly discovered evidence; (3) that there is not a factual basis in the record supporting conviction of the crime; and (4) that the plea of guilty was not voluntary.  Petitions for post conviction relief are one of the most difficult types of matters to win.

Third, a person may be able to bring a petition for habeas corpus.  This essentially is a request to be released from custody, on the grounds that one is being held unlawfully.  Ms. Torgerson also handles petitions for writs of habeas corpus.

Ms. Torgerson handles appeals, petitions for post conviction relief, and petitions for a writ of habeas corpus.  She has been very successful in this area.  For assistance, please call (612) 339-5073.

CASE LAW UPDATE:  Lack of subject matter jurisdiction on habeas corpus petition

Defendant in bank fraud case filed a habeas corpus petition.  Defendant south declaration that his sentences must run concurrently.  Defendant failed to show that he was unable to pursue desired relief by filing a Section 2255 petition.  He did not show that Section 2255 was inadequate or ineffective.  Therefore, there was no subject matter jurisdiction for a Section 2241 Petition.  Vacated.

Lee v. Sanders, 18-3348, appealed from the Easter District of Missouri, Erickson, J.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

CASE LAW UPDATE:  Petition for post conviction relief regarding self defense

Defendant brought a petition for post conviction relief from his conviction of 3rd degree assault.  Defendant argued that the State failed to prove beyond a reasonable doubt that he did not act in self defense.  Noting that direct evidence showed that defendant was the aggressor and provocateur, the Minnesota Court of Appeals concluded that the evidence was sufficient to support the State’s proof beyond a reasonable doubt that defendant did not act in self defense.

State v. Limper, A19-0770, Polk County.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.




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