Victories 2011-2012

 Victory at the Eighth Circuit Court of Appeals – Reversal of 28-Year Sentence
United States v. Chappell:  On January 20, 2012, the 8th Circuit reversed and remanded for new trial a conviction for sex trafficking of a minor and a 28-year prison sentence.  I was not trial counsel.  I was appointed as appellate defense counsel. I argued several issues before the three-judge panel and won the appeal on the basis of a faulty jury instruction.  My client and I are currently preparing for the new trial.

Isanti County Gun Case – No Time
On January 25, 2012, my client was given no time on a felon in possession of a firearm case.  He faced a 60-month mandatory minimum sentence.  The Judge gave him no time because of the progress he made in life since his guilty plea – completed treatment, obtained employment, got married.

Ramsey County Narcotics Case – Time Served
On February 23, 2012, my client was sentence for possession of 60-plus grams of narcotics.  Because of a prior felony conviction, he faced a 98-month prison term.  The Judge gave him time served (8 days) with no additional time to serve.  My client had made progress in his life – completed treatment, became employed and started trade school – since his conviction after trial.

Dismissal of Check Fraud Case in Dakota County
On March 1, 2012, my client’s felony case for issuing fraudulent check in the amount of $2,000.00 was dismissed.  After her plea, she made restitution and satisfied other conditions.  He plea was never accepted and she has no conviction.

Federal Narcotics Case Victory at Sentencing
On March 8, 2012, my client was sentenced in one of the largest federal narcotics conspiracy cases prosecuted in Minnesota federal court.  She faced a 10-year mandatory minimum.  The Judge sentenced her to time served, 37 days.

Anoka County Dismissal of Felony Voting Fraud Case
In 2011, my client was charged with felony voting fraud related to the last presidential election.  The case was dismissed. She has no conviction.

Hennepin County Narcotics Case Dismissed
In 2011, my client and his apartment were searched and 14 ounces of narcotics were seized.  We challenged the search and seizure. The Judge rule that the entry was illegal and suppressed the narcotics.  The case was dismissed.

Hennepin County Double Jeopardy Dismissal
In 2011, my client pled guilty to violating a domestic abuse no-contact order.  The City of Minneapolis then maintained a separate gross misdemeanor complaint for stalking.  We challenged the stalking case on double jeopardy and serialized prosecution grounds.  After a hearing, and in a 12-page opinion, the trial court dismissed the complaint for violation of double jeopardy the State statute forbidding serialized prosecution.

Hennepin County First-Degree Murder Case Dismissed
In 2011, I won a first-degree murder case because of a Brady violation by the State.  My client was convicted at trial.  Another lawyer represented him at this trial.  After five years in prison, his case was reversed by the Minnesota Supreme Court because of the actions of the prosecutor during trial.  I was retained for the new trial.  In my investigation of the case, I discovered that the State had failed to disclose to the defense so-called Brady material – material that the State possessed but hid from the defense that would indicate that my client was not guilty.  After I uncovered the Brady violation, the trial judge granted my motion to exclude testimony from the State’s snitch and both homicide detectives.  Without this so-called “evidence” that State had no evidence and was forced to dismiss its case.  Had the State made its Brady disclosures prior to the first trial as required by the Constitution, I do not believe that this young man would have been convicted at his first trial.  This violation by the State cost him 5 years of his life in prison.

Ramsey County Not Guilty of Disarming Police Officer
In 2011, we went to trial on the felony charge of disarming a police officer.  My client was found not guilty.

Hennepin County Dismissal of Felony Assault with a Knife
In 2011, my client was charged with stabbing her husband with a kitchen knife.  I investigated the case.  We refused to plead guilty and the matter was eventually dismissed.  My client’s prior lawyer had urged her to plead guilty to second-degree assault.

Ramsey Count Not Guilty of Felony Assault with Knife
In 2011, we went to trial on a charge of assault with a knife and my client was found not guilty.