I Was Convicted Based on Hearsay Evidence, Can I Appeal My Case? A Minnesota Appeals Lawyer Explains

Nov 18

The general rule is that hearsay is not allowed in trial. However, like many things in the law, there are many exceptions to that general rule. A majority of the Minnesota Rules of Evidence 801 – 807 is devoted to talking about the abundant number of exceptions. If hearsay was admitted in your court trial, it’s usually admitted under the rationale that it fits one of the exceptions. But, just because the judge at the trial court said that it fits one of the exceptions doesn’t necessarily mean that they were right to do so. If you appeal the case, the Minnesota Court of Appeals will review the issue. This post looks at the Minnesota Court of Appeals recent decision looking at the residual hearsay exception. Minn. R. Evid. 807.

Hearsay Not Trustworthy When Just Agreeing to Officer’s Assertions

In State v. Turner, the district court admitted hearsay testimony of a witness who out of court purportedly identified the defendant, but in court would not identify the defendant. The district court determined that the residual hearsay exception applied. But the Court of Appeals held that this was error. The evidence in the case was not strong. Most tellingly, the witness had not voluntarily given information to an open-ended question, but had merely responded in the affirmative to law enforcement’s closed ended assertion that the defendant was the shooter. The Court of Appeals reversed and remanded the case because of the residual hearsay issue along with many other problems with the case that go beyond the scope of this blog post.

Conclusion

If you or a loved one were convicted based on hearsay evidence, 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