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Rule 29.03 – Procedure for Appeals by Defendant in First-Degree Murder Cases

May 13, 2021 | Criminal Procedure, Minnesota

Subd. 1. Service and Filing. A defendant appeals by filing a notice of appeal to the Supreme Court with the clerk of the appellate courts, with proof of service on the prosecutor, the Minnesota Attorney General, and the court administrator for the county in which the judgment appealed from is entered. The defendant does not have to post a bond to appeal. The defendant need not file the statement of the case in Minnesota Rule of Civil Appellate Procedure 133.03. The defendant’s failure to take any step other than timely filing the notice of appeal does not affect the validity of the appeal, but permits action the Supreme Court deems appropriate, including dismissal of the appeal.

Subd. 2. Contents of Notice of Appeal. The notice of appeal must specify:

(a) the party or parties filing the appeal;
(b) the names, addresses, and telephone numbers of all counsel and whom they represent;
(c) the judgment or order from which appeal is taken; and
(d) that the appeal is to the Supreme Court.

Subd. 3. Time for Taking an Appeal.

(a) An appeal by a defendant from a final judgment of conviction of first-degree murder must be filed within 90 days after the final judgment. A judgment is final within the meaning of these rules when there is a judgment of conviction upon the verdict of a jury, or the finding of the court, and sentence is imposed.
(b) A notice of appeal filed after the announcement of a decision or order – but before sentencing or entry of judgment or order – must be treated as occurring after these events, but on the same day.
(c) A timely motion to vacate the judgment, for a judgment of acquittal, or for a new trial tolls the time for an appeal from a final judgment until the entry of an order denying the motion, and the order denying the motion may be reviewed in an appeal from the final judgment.
(d) An appeal by a defendant from an adverse final order in a postconviction proceeding in a first-degree murder case must be filed within 60 days after its entry.
(e) A judgment or order is entered under these appellate rules when the court administrator enters it in the record.
(f) For good cause, the district court or a justice of the Supreme Court may, before or after the time for appeal has expired, with or without motion or notice, extend the time for filing a notice of appeal up to 30 days from the expiration of the time prescribed by these rules.

Subd. 4. Other Procedures. The following rules govern the below-listed aspects of an appeal in a first-degree murder case:

(a) Rule 28.02, subd. 4(4): stay of appeal for postconviction proceedings;
(b) Rule 28.02, subd. 5: proceeding in forma pauperis;
(c) Rule 28.02, subd. 6: stay;
(d) Rule 28.02, subd. 7: release of defendant;
(e) Rule 28.02, subd. 9: transcript of proceedings and transmission of the transcript and record;
(f) Rule 28.02, subd. 10: briefs;
(g) Rule 28.02, subd. 11: scope of review;
(h) Rule 28.02, subd. 12: action on appeal;
(i) Rule 28.06: voluntary dismissal; and
(j) Rule 29.04, subd. 9: oral argument.

Minn. R. Crim. P. 29.03

Amended effective March 1, 2015.