Don’t Miss Your Shot: The Critical Difference Between Appeals and Postconviction Petitions in Minnesota

If you’ve been convicted of a crime in Minnesota, make no mistake—the game is not over. But you only get one real shot at relief on appeal. And if your lawyer doesn’t know what they’re doing, you could lose that shot forever.

Attorney Sarah Gad, does not just “handle” appeals and postconviction petitions—she dominates them. This is where we shine. This is where we win cases that other lawyers gave up on.

Mario Casciaro Leaves Prison with attorney Sarah Gad After Murder Conviction is Overturned on Appeal

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Direct Appeals: One Shot at the Record

A direct appeal challenges the conviction or sentence based on what happened in the courtroom—nothing more. You can’t add new evidence. You can’t blame your lawyer. You can only argue that the court made a mistake based on what’s in the record.

Common Issues on Appeal:

• Judicial errors (bad jury instructions, improper rulings)

• Prosecutorial misconduct

• Insufficient evidence

• Illegal sentence

• Ineffective assistance of counsel

📅 Deadline:

You must file your notice of appeal within 90 days of sentencing. Miss that window, and it’s gone. No do-overs.

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Postconviction Petitions: What Happens After the Window Closes

A postconviction petition (PCR) is your chance to raise new issues—things that aren’t in the trial record or that your last lawyer failed to raise.

This is where we see some of the most powerful arguments:

• Ineffective assistance of counsel

• New evidence or recantations

• Constitutional violations (Brady, Batson, etc.)

• Prosecutorial or police misconduct uncovered after trial

Unlike appeals, PCR gives you the chance to prove what went wrong behind the scenes—but only if it’s done right.

Deadline: You must file within 2 years of your conviction becoming final—or of discovering new evidence. Wait too long, and you lose the right to file.

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One Shot. That’s It.

Minnesota law doesn’t give you unlimited bites at the apple. If your lawyer fails to raise an argument on appeal, it’s often waived forever. And if your PCR petition is sloppy or late, it’s dismissed without a hearing.

Too many lawyers get this wrong. They copy-paste arguments, miss deadlines, or don’t even read the transcript. We do things right. We dissect the record, flag every legal error, and raise every viable issue. Our postconviction filings read like blueprints for reversal. That’s why we’re trusted to fix what other lawyers fumble—and why we succeed where others don’t.

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Don’t Gamble with Your Freedom

Postconviction litigation is a war—not a formality. You need lawyers who fight like your life depends on it, because it does. At Gad & Gad, we don’t settle. We file the motions, build the record, and take the arguments all the way to the Minnesota Supreme Court if we have to.

If you’re considering an appeal or postconviction petition, don’t settle for someone who just checks boxes. Hire the attorneys who know how to win.

📞 Call us now to protect your rights—and take back your future.