§ 632.01

Toua Hong Chang v. State · 2010 1 citation

The Minnesota Supreme Court has considered the meaning of the word “file” or “filed,” when used in a statute, in two relevant cases. In State v. Parker, 278 Minn. 53, 153 N.W.2d 264 (1967), the court considered whether a criminal offender had timely lodged a direct appeal from his conviction pursuant to a statute that, among other things, required a notice of appeal to be “filed with the clerk of the court where the judgment is entered” within six months. 278 Minn, at 54 nn. 1-2, 153 N.W.2d at 265-66 nn. 1-2 (citing Minn. Stat. §§ 632.01, .02 (1965)). Parker mailed his notice of appeal to the attorney general and to the district court on the last day of the appeal period. Id.

State v. Myhro · 1984 1 citation

+ 1 more citation in this opinion.

Boswell v. Young · 1970 2 citations

+ 2 more citations in this opinion.

Madison v. Tahash · 1966 2 citations

does not apply to convictions which became final prior to June 6, 1961. The judgment in petitioner’s case was entered on January 24, 1956. Although petitioner did not appeal, the time would have expired six months after the judgment. Minn. Stat.Ann. § 632.01. The time within which to seek review in the United States Supreme Court would then have lapsed ninety days after the judgment of the State court. 28 U.S.C.A. § 2101 (d); U. S. Supreme Court Rule 11(1). Since petitioner’s conviction became final prior to the effective date of Mapp, he cannot successfully attack his conviction on the ground of illegal search and seizure. 19

does not apply to convictions which became final prior to June 6, 1961. The judgment in petitioner’s case was entered on January 24, 1956. Although petitioner did not appeal, the time would have expired six months after the judgment. Minn. Stat.Ann. § 632.01. The time within which to seek review in the United States Supreme Court would then have lapsed ninety days after the judgment of the State court. 28 U.S.C.A. § 2101 (d); U. S. Supreme Court Rule 11(1). Since petitioner’s conviction became final prior to the effective date of Mapp, he cannot successfully attack his conviction on the ground of illegal search and seizure. 19