How to win an appeal of a sexual assault or criminal sexual conduct case in Minnesota: looking at a biased juror case
If you were wrongly convicted of sexual assault or criminal sexual conduct, you are not alone. As of the time this blog was written, 695 people have been wrongfully convicted of sex crimes and later been exonerated. This is more than any other type of crime other than homicide. In the criminal justice system’s zeal to prosecute one of the most horrendous crimes, the innocent can get swept along with the guilty. But if you were convicted, there is no ability to request overturning the conviction because you were innocent. You need very specific legal arguments for why the appellate court should overturn a conviction. This blog will look at a case where the Minnesota Court of Appeals reversed a conviction for a biased juror.
The District Court keeps the juror on the jury panel
In State. Bergendahl, the defendant was convicted of 1st degree criminal sexual conduct in Le Seur County, Minnesota. In that case there was a juror in jury selection who was asked, “In your heart of hearts, do you think you can be fair?” The juror’s response was, “I don’t know. I honestly don’t know.” The criminal defense attorney moved to strike the juror for cause because the juror was biased against his client. The district court denied the motion saying that the juror just, “didn’t know.” That juror was one of the twelve jurors that convicted the defendant.
The Court of Appeals reverses because the defendant’s constitutional right to an impartial jury was violated
On appeal, the defendant argued that the juror was biased. A defendant in a criminal case has a constitutional right to an impartial jury under both the federal and state constitutions. U.S. Const. amend. VI; Minn. Const. art. I, § 6. To win on appeal, "the challenging party must show that the juror exhibited strong and deep impressions that would prevent her from laying aside her impression or opinion and rendering a verdict based on the evidence presented in court." State v. Munt, 831 N.W.2d 569, 577 (Minn. 2013). The Court of Appeals agreed with the defendant that the juror was not impartial, and it was error to seat the juror on the jury panel. The case was reversed and remanded.
Conclusion
If you or a loved one were convicted of sexual assault or criminal sexual conduct, you should contact a skilled Minnesota appeals attorney. Jack Rice Defense utilizes its extensive knowledge of Criminal Defense Attorney 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.
