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Rule 29.02 – Right of Appeal

May 13, 2021 | Criminal Procedure, Minnesota

Subd. 1. Appeals in First-Degree Murder Cases.

(a) A defendant may appeal as of right from the district court to the Supreme Court from a final judgment of conviction of first-degree murder.
(b) Either the defendant or the prosecutor may appeal as of right from the district court to the Supreme Court, in a first-degree murder case, from an adverse final order deciding a petition for postconviction relief under Minn. Stat. ch. 590.
(c) The prosecutor may appeal as of right from the district court to the Supreme Court, in a first-degree murder case, from:

(i) a judgment of acquittal after a jury verdict of guilty of first-degree murder;
(ii) an order vacating judgment and dismissing the case after a jury verdict of guilty of first-degree murder; or
(iii) an order granting a new trial under Rule 26.04, subd. 1, after a verdict or judgment of guilty of first-degree murder, if the district court expressly states in the order, or in an accompanying memorandum, that the order is based exclusively on a question of law that the district court concludes is so important or doubtful that it requires a decision by the appellate courts. An order for a new trial is not appealable if based on the interests of justice.
(d) Other charges that were joined for prosecution with the first-degree murder charge may be included in the appeal. No other direct appeals can be taken from the district court to the Supreme Court except as provided in Minnesota Rule of Civil Appellate Procedure 118 (accelerated review by the Supreme Court of cases pending in the Court of Appeals).

Subd. 2. Appeals from Court of Appeals. A party may appeal from a final decision of the Court of Appeals to the Supreme Court only with leave of the Supreme Court.

Minn. R. Crim. P. 29.02