Tag: Appeals

When we last talked about Amy Senser, she had just been convicted of hitting someone with her car and leaving the scene of the accident. She was sentenced to 3 1/2 years for her two convictions of criminal vehicular homicide, but in December, her attorney filed an appeal with the Minnesota Court of Appeals. Now, the assistant Hennepin County attorney has filed his brief supporting the Senser’s conviction and Senser’s attorney has 15 days to file his.
On Thursday, June 14, 2012, attorney Max Keller of Keller Criminal Defense Attorneys argued a possession and distribution child pornography appeal case at the Minnesota Court of Appeals. The case involves a number of issues specific to this client but not of statewide importance, such as sentencing issues and sufficiency of the evidence issues. Two issues argued are of statewide importance and involve the constitutionality of Minnesota’s pornography statutes. The judges focused on one particular issue, that of whether Minnesota’s possession of child pornography and dissemination of child pornography statutes are unconstitutional, because the statutes are “strict liability” statutes meaning that a person can be convicted for possessing illegal images even though he had no intent to do so.
When there is an error your criminal trial, it is important to work with your criminal defense attorney to file a timely appeal and argue why that error led the jury to believe you were guilty. Luckily for one man, the Minnesota Court of Appeals has recently ruled his conviction for vehicular homicide in the death of an ATV driver should be overturned. It granted the pickup driver a new trial because he was denied a fair trial when the jury, which heard evidence that he was drinking, was not told that the ATV driver was also under the influence of alcohol.
This year, Keller Criminal Defense Attorneys represented over a hundred clients in cases ranging from petty misdemeanor speeding to felonies carrying a presumptive sentence of 18 years in prison or more, including: misdemeanor DWI, DAR, DAS, Violation of an Order for Protection, Domestic Assault, Gross Misdemeanor Theft, GM DWI, Indecent Exposure, and various felonies including Felony DWI, Felony Theft, First Degree Criminal Sexual Conduct, Third Degree Criminal Sexual Conduct, Possession and Dissemination of Child Pornography, Dissemination of Adult Pornography to a Minor, Felony and Misdemeanor Probation Violations, etc.