Minnesota Court of Appeals
Encyclopedia
The Minnesota Court of Appeals is the intermediate appellate court
for the state
of Minnesota
. It began operating on November 1, 1983. It is housed in the Minnesota Judicial Center in St. Paul
.
s from the state trial court
s, including the Minnesota District Courts
, and from many decisions of state agencies
and local governments
. The only exceptions to this grant of jurisdiction are statewide election
contests, first-degree murder
cases, and appeals from the Minnesota Tax Court and Minnesota Workers' Compensation Court of Appeals, all of which go directly to the Minnesota Supreme Court
.
The Minnesota Supreme Court has discretionary review
. Only about 5 percent of the Court of Appeals' decisions are accepted by the Supreme Court for further review, meaning that the Court of Appeals makes the final ruling in the vast majority of the 2,000 to 2,400 appeals filed every year.
s. If no oral argument is held a decision is due within 90 days of the case's scheduled conference date. This deadline is the shortest imposed on any appellate court in the nation. The court expedites decisions on child custody
cases, mental health commitments
and other matters in which the parties request accelerated response.
Appellate court
An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...
for the state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of Minnesota
Minnesota
Minnesota is a U.S. state located in the Midwestern United States. The twelfth largest state of the U.S., it is the twenty-first most populous, with 5.3 million residents. Minnesota was carved out of the eastern half of the Minnesota Territory and admitted to the Union as the thirty-second state...
. It began operating on November 1, 1983. It is housed in the Minnesota Judicial Center in St. Paul
Saint Paul, Minnesota
Saint Paul is the capital and second-most populous city of the U.S. state of Minnesota. The city lies mostly on the east bank of the Mississippi River in the area surrounding its point of confluence with the Minnesota River, and adjoins Minneapolis, the state's largest city...
.
Jurisdiction
The Court of Appeals has jurisdiction over most appealAppeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
s from the state trial court
Trial court
A trial court or court of first instance is a court in which trials take place. Such courts are said to have original jurisdiction.- In the United States :...
s, including the Minnesota District Courts
Minnesota District Courts
The Minnesota District Courts are the state trial courts of general jurisdiction in the U.S. state of Minnesota.The Minnesota Constitution provides that the district court has original jurisdiction in civil and criminal cases and such appellate jurisdiction as may be prescribed by law.Each district...
, and from many decisions of state agencies
Government agency
A government or state agency is a permanent or semi-permanent organization in the machinery of government that is responsible for the oversight and administration of specific functions, such as an intelligence agency. There is a notable variety of agency types...
and local governments
Local government in the United States
Local government in the United States is generally structured in accordance with the laws of the various individual states. Typically each state has at least two separate tiers: counties and municipalities. Some states have their counties divided into townships...
. The only exceptions to this grant of jurisdiction are statewide election
Elections in the United States
The United States has a federal government, with elected officials at the federal , state and local levels. On a national level, the head of state, the President, is elected indirectly by the people, through an Electoral College. In modern times, the electors virtually always vote with the popular...
contests, first-degree murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
cases, and appeals from the Minnesota Tax Court and Minnesota Workers' Compensation Court of Appeals, all of which go directly to the Minnesota Supreme Court
Minnesota Supreme Court
The Minnesota Supreme Court is the highest court in the U.S. state of Minnesota and consists of seven members. The court was first assembled as a three-judge panel in 1849 when Minnesota was still a territory. The first members were lawyers from outside of the region who were appointed by...
.
The Minnesota Supreme Court has discretionary review
Discretionary review
Discretionary review is the authority of appellate courts to decide which appeals they will consider from among the cases submitted to them. This offers the judiciary a filter on what types of cases are appealed, because judges have to consider in advance which cases will be accepted...
. Only about 5 percent of the Court of Appeals' decisions are accepted by the Supreme Court for further review, meaning that the Court of Appeals makes the final ruling in the vast majority of the 2,000 to 2,400 appeals filed every year.
Procedure
Under Minnesota state law, the Court of Appeals must issue a decision within 90 days after oral argumentOral argument
Oral arguments are spoken presentations to a judge or appellate court by a lawyer of the legal reasons why they should prevail. Oral argument at the appellate level accompanies written briefs, which also advance the argument of each party in the legal dispute...
s. If no oral argument is held a decision is due within 90 days of the case's scheduled conference date. This deadline is the shortest imposed on any appellate court in the nation. The court expedites decisions on child custody
Child custody
Child custody and guardianship are legal terms which are used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child.Following ratification of the United...
cases, mental health commitments
Involuntary commitment
Involuntary commitment or civil commitment is a legal process through which an individual with symptoms of severe mental illness is court-ordered into treatment in a hospital or in the community ....
and other matters in which the parties request accelerated response.
Judges
, there are nineteen judges on the Court. They sit in three-judge panels in various locations throughout the state to hear oral arguments, all of which are open to the public.- Edward Toussaint, Jr.Edward Toussaint, Jr.Edward Toussaint, Jr. is an American lawyer and judge from Minnesota. For 16 years, from 1995 until July 2011, he served as a judge on the Minnesota Court of Appeals....
- Harriet Lansing
- Thomas J. Kalitowski
- Roger M. Klaphake
- Randolph W. Peterson
- Gordon W. Shumaker
- Jill Flaskamp Halbrooks
- Terri Stoneburner
- David MingeDavid MingeDavid R. Minge is an American Judge and former political figure. David Minge currently serves as a Judge on the Minnesota Court of Appeals...
- Natalie Hudson
- Wilhelmina Wright
- Renee L. Worke
- Kevin G. Ross
- Heidi S. Schellhas
- Francis J. Connolly
- Matthew E. JohnsonMatthew E. JohnsonMatthew E. Johnson is an American lawyer and judge from Minnesota. He currently serves as Chief Judge of the Minnesota Court of Appeals....
(Chief Judge) - Michelle A. Larkin
- Louise D. Bjorkman
- Larry B. StauberLarry B. StauberLawrence "Larry" B. Stauber, Jr. is a judge on the Minnesota Court of Appeals. He was appointed to this position by Governor Pawlenty on June 24, 2008 and his term expires in January 2011.-2010 election:...
Former judges
- G. Barry AndersonG. Barry AndersonGrant Barry Anderson is currently an Associate Justice of the Minnesota Supreme Court, sworn into office on October 13, 2004...
- Paul H. AndersonPaul H. AndersonPaul H. Anderson is currently an Associate Justice of the Minnesota Supreme Court, taking office on July 1, 1994. He previously served as Chief Judge of the Minnesota Court of Appeals from 1992-1994....
- Sam HansonSam HansonSam Hanson is an American lawyer and judge from the state of Minnesota. He served on the Minnesota Court of Appeals from 2000 to 2002 and as an Associate Justice of the Minnesota Supreme Court from 2002 to 2008...
- Fred C. NortonFred C. NortonFred C. Norton was a Minnesota politician, a member of the Democratic-Farmer-Labor Party, a Speaker of the Minnesota House of Representatives, and a judge of the Minnesota Court of Appeals....
- Peter S. PopovichPeter S. PopovichPeter Stephen Popovich was an American lawyer, politician, and judge from Minnesota. He is the only person in the state's history to serve as both Chief Judge of the Minnesota Court of Appeals and Chief Justice of the Minnesota Supreme Court.Popovich was born in Crosby, Minnesota in 1920...
- Marianne Short