Criminal Defense – Appeals 2019-02-28T12:31:41+00:00

North Dakota Appeals Attorney

Quickly Get Help With Your Appeal By Calling Our 24 Hour Helpline

Have you been wrongly convicted of a crime in North Dakota, and need to appeal your conviction?  Time is of the essence.  In state court, you only have 30 days from the entry of the Judgment to file your appeal.  In federal court, you only have 14 days from the entry of the Judgment to appeal. You need to act quickly.

When It Comes To A Criminal Appeal Attorney, Success Matters 

Mr. Edinger has extensive appellate experience, having represented clients in over 45 appeals. He has done dozens of appeals to the North Dakota Supreme Court, appeals to the Eighth Circuit Court of Appeals, and helped file a petition for certiorari to the United States Supreme Court.

Here, are a few examples of Mr. Edinger's success on criminal appeals.

State v. Avila, 566 N.W.2d 410 (ND 1997) 

Defendant was convicted of possession with the intent to deliver marijuana. The police smelt marijuana emanating from an apartment, where the defendant was a guest. The police knocked on the door and the apartment resident opened the door. The police saw a marijuana smoking bong on the coffee table in the living room. The police asked if they could come in. The resident gave an ambiguous response. The police asked again if they could come in. Once again, the resident gave an ambiguous response. Subsequently, the officer entered the apartment. They found 26 grams of marijuana, marijuana paraphernalia, and $2,380.00 in the defendant's backpack. On appeal, Mr. Edinger argued the search was illegal because the resident did not consent to the search. The North Dakota Supreme Court agreed, reversed the conviction, and remanded for further proceedings. Subsequently, the State dismissed the charges. 

State v. Faleide, 652 N.W.2d 312 (ND 2002) 

Defendant pled guilty to carrying a concealed weapon and carrying a loaded firearm in a vehicle. At sentencing, the State sought to forfeit the defendant's AK-47 and Ruger pistol. The State had not brought civil forfeiture proceedings. Instead, the State argued the guns could be forfeited as a condition of probation. On appeal, Mr. Edinger successfully argued the sentence was illegal because the guns could not be forfeited as a condition of probation. The North Dakota Supreme Court agreed and reversed the forfeiture order. Defendant was allowed to retain ownership of the AK-47 and Ruger pistol. 

State v. Nickel, 836 N.W.2d 405 (ND 2013)

Defendants were convicted of conspiracy to deliver controlled synthetic cannabinoids. The convictions were based on a warrantless search and seizure of a package at We Ship in Mandan. Mr. Edinger successfully argued the search and seizure violated his client's Fourth Amendment rights. The North Dakota Supreme Court agreed, reversing the convictions. Subsequently, the charges were dismissed for lack of evidence.

State v. Acker, 871 N.W.2d 603 (ND 2015)

Defendant was convicted of aggravated assault. Mr. Edinger successfully argued the district judge abused his discretion in allowing the jury to hear about the defendant's sexual assault conviction from ten years earlier. The North Dakota Supreme Court reversed the conviction.

If you would like to discuss your appeal, call our 24 helpline today!

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