State v. K.M., 835 N.W.2d 498 (Minn. Ct. App. 2013)

The client was convicted of manslaughter after a jury trial and taken into custody. I wrote a motion to the judge asking to overturn the jury verdict and acquit the client or, in the alternative, to grant the client a new trial based on the prosecutor’s misconduct. The judge did not overturn the jury verdict, but he did order a new trial and released the client. While the client was out of custody, I and Robert Christensen appealed the jury verdict to the Minnesota Court of Appeals. After taking briefing and argument, the Court of Appeals ruled that no reasonable jury could have found the client guilty and he should have been acquitted. After living for over a year with the threat of a lengthy prison sentence hanging over his head, the client was freed from all charges.