How to win an appeal of a burglary conviction in Minnesota: leveraging false identification evidence to overturn the conviction

Burglary cases are tough because the culprit often where’s a hood or other face covering to try and prevent people from seeing him or her. If you were convicted based on misidentification or false identification, you are not alone. False identification is a contributing factor in 27% of all wrongful convictions. The difficulty, is that once you are convicted, it is difficult to overturn the conviction. Appellate courts often defer to the rulings of the jury or the district court. However, with an appeals attorney who is skilled and knowledgeable in both appeals and criminal defense, you can potentially get the case overturned on appeal. This blog post will analyze a case where a burglary conviction

Minnesota Supreme Court overturns burglary case involving misidentification

In State v. Scharmer, the defendant was convicted of 3rd degree burglary in Nobles County, Minnesota. 3rd degree burglary is defined in Minn. Stat. 609.582. The defendant was convicted primarily on account of the color of his skin being the same as the suspect of the crime. However, the Minnesota Supreme Court notes that both witnesses that observed the suspect at the door of the hardware store, said that the suspect had a moustache and was wearing a t-shirt. The defendant who was convicted was clean shaven and wearing a tank top. No witness positively identified the defendant as the suspect. The conviction was based on mere conjecture and speculation. So, the Minnesota Supreme Court reversed the conviction on sufficiency of evidence grounds.

Conclusion

If you or a loved one were convicted of burglary and/or were convicted based on false identification, you should contact a skilled Minnesota appeals attorney. Jack Rice Defense utilizes its extensive knowledge of criminal defense and appeals to craft the best strategy to counteract the conviction in your case. It’s important for you to act fast because generally the deadline to appeal felony and gross misdemeanor cases is 90 days; and 30 days for misdemeanors. Contact Jack Rice Defense if you want to appeal your case. (651) 447-7650

Peter Lindstrom

Peter is the head of the appellate and expungement departments at Jack Rice Defense. The Minnesota Court of Appeals reversed a felony conviction because of the brief Peter drafted. At the district court level, he has tried two felony jury trials to verdict, and successfully dismissed a felony gun case on 4th amendment grounds. Peter is particularly known for his intelligence, creativity, and legal acumen.