How to Win an Appeal of an Interference of an Emergency Phone Call Case: A Minnesota Appeals Attorney Explains
In Minnesota, you can receive a misdemeanor, gross misdemeanor, or felony conviction for interfering with an emergency phone call. Emergency phone calls include calls to: (1) 911; (2) emergency medical or ambulance service; (3) the police; (4) fire department; or (5) for other assistance needed in an emergency. Minn. Stat. § 609.78. If you were convicted based on evidence that a phone call to 911 or other emergency services, you may think that there is nothing else to do. However, a recent Minnesota Court of Appeal opinion is an example of how your case may be appealable because the State didn’t prove every element of the offense.
Proving the Underlying Emergency
On December 2, 2024, the Minnesota Court of Appeals released the opinion for In the Matter of the Welfare of: N. K. D. The case was a juvenile court case, but the interpretation of the interfering with emergency phone calls statute applies to adult criminal cases just as much as to juvenile cases. In that case, it was proved that the juvenile interfered with a 911 phone call. But the main issue was whether the underlying emergency requiring a 911 phone call was proved. There was a previous Minnesota case that required that this definition of emergency be demonstrated: “[a] serious situation or occurrence that happens unexpectedly and demands immediate action,” or “[a] condition of urgent need for action or assistance.” State v. Brandes, 781 N.W.2d 603 (Minn. Ct. App. 2010). From all appearances, the district court appeared to just assume there was an emergency because 911 was called. But that circular logic is not enough for a conviction under Minn. Stat. 609.78.
There was No Underlying Emergency in the N.K.D. case
On appeal, the State tried to rely on previous Minnesota cases upholding convictions where the victim communicated fear of the defendant among other facts to justify there was an emergency. See State v. Hersi, 763 N.W.2d 339 (Minn. Ct. App. 2009); State v. Brandes, 781 N.W.2d 603 (Minn. Ct. App. 2010). However, the N.K.D. case involved only pushing and no communication of fear. The Minnesota Court of Appeals reversed the conviction because of insufficient evidence.
Conclusion
If you or a loved one were convicted of an interference with an emergency or 911 phone call, you should contact a skilled appeals attorney. 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. He has successfully expunged cases involving challenging issues with DWI, felony, and violence against family member cases. 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.
