Appeals

Put Experience in Your Corner

Bismarck Criminal Appeal Lawyer

Wrongfully Convicted in North Dakota?

A conviction in North Dakota is a life-changing moment. When you are sentenced, you may be required to spend a long time behind bars or pay costly fines worth thousands of dollars. However, just because the jury found you guilty, does not mean your fight for justice ends. Everyone has a right to appeal their conviction in order to get the decision overturned or a new trial.

If you believe you or a loved one has recently been wrongfully convicted in North Dakota, do not hesitate to reach out to McCabe Law Firm to examine your legal options, get your criminal conviction overturn, and help you regain your freedom.

Let McCabe Law Firm Fight for You!

Our Bismarck criminal appeal attorney has over 100 published appellate opinions and has won an appeal before the U.S. Supreme Court in Raysor v. United States (U.S. Supreme Court Case No.: 11-8894). Our firm has the experience and compassion to guide you through the complexities of the appeals process and obtain the most favorable result in court.

Call (701) 203-4800 for a free initial consultation. Serving clients in Bismarck and within the surrounding area!

Meet Your Attorney

Attorney Chad McCabe is a skilled, experienced and has successfully handled thousands of cases for his clients. 

What Are the Grounds for Appeal in North Dakota?

If you think a legal error or mistake was made when you were convicted of a crime or sentenced, then you may be eligible to file a criminal appeal under North Dakota law. An appeal is a legal argument made to a higher court – such as the North Dakota Court Supreme Court or the U.S. Supreme Court – that legal errors during the trial in lower court and such errors negatively affected your ability to obtain a fair legal outcome.

Keep in mind, any sort of error, irregularity, or defect that does not impact a defendant or their rights is considered a “harmless error.” Such errors do not have grounds for reversing a lower court’s judgment.

The following are the most common grounds for a criminal appeal:

  • Discovery of new evidence – Important evidence that was not discovered or unavailable until after trial, or overlooked.
  • Ineffective assistance of counsel – The defendant's attorney’s performance was inadequate and the lawyer’s inadequacy impacted the result of the case.
  • Prosecutorial misconduct – The prosecution acted unfairly or unlawfully – such as admission of false testimony or intentional omission of favorable evidence for the defense – during the trial in lower court.
  • The weight of the evidence fails to support the verdict – The evidence presented at trial was legally insufficient to establish a guilty verdict.
  • Juror misconduct – Common examples include speaking to others about the case, withholding information during jury selection, and making a decision by lot or compromise.

During the appeals process, a panel of judges will review the lower court’s decision and the handling of your case without considering any new evidence. If the panel finds legal errors were made during the criminal process, the lower court’s conviction could be reversed, or the defendant is granted a new trial.

Schedule a Free Consultation Today!

Filing an appeal is complex, which is why you need our experienced appellate attorney to help you obtain the outcome and justice you deserve. We can listen to your story, build an effective and personalized appeals strategy, and protect rights and freedom from start to finish.

Contact us today to speak with our Bismarck appellate lawyer and learn how we can help you and your family.

Notable Published Cases:

  • Recognized Mistake of Fact Defense to the federal crime of Possession of a Stolen Firearm-U.S. v. Iron Eyes, 367 F.3d 781 (8th Cir.2004)
  • Established partial buttocks photo is not sexually explicit conduct under federal law- U.S. v. Gleich, 397 F.3d (8th Cir.2005)
  • Required Courts to make specific on-the-record determination that Defendants unequivocally, knowingly, and intelligently waived right to counsel- State v. Poitra, 1998 ND 88, 578 N.W.2d 121
  • Prompted Supreme Court to adopt rules authorizing ex parte applications to the Court for investigative, expert and related services- State v. Goulet, 1999 ND 80, 593 N.W.2d 345
  • Established that merely showing home owner took no affirmative actions to stop police from entering was not consent to enter- State v. Decoteau, 1999 ND 77, 592 N.W.2d 579
  • Established that magistrates at preliminary hearing have authority to judge credibility- State v. Foley, 2000 ND 91, 610 N.W.2d 49.
  • Expanded affirmative defense for drivers who did not receive notice of suspension- State v. Egan, 1999 ND 59, 591 N.W.2d 150.
  • Established presumption that probation commences on the date of sentencing- State v. Berger, 2002 ND 143, 651 N.W.2d 639
  • Recognized insanity defense as a mitigating factor in determining if probation should be revoked- State v. Olson, 2003 ND 23, 656 N.W.2d 650
  • Established procedures for fair restraining order hearings- Gullickson v. Kline, 2004 ND 76, 678 N.W.2d 138.
  • Required chemical test results be listed in license suspension paperwork- Jorgensen v. N.D.Dep’t of Transp., 2005 ND 80, 695 N.W.2d 212.
  • Required testimony rather than affidavits for restraining order hearings- Cusey v. Nagel, 2005 ND 84, 695 N.W.2d 697
  • Established 90 day mandatory sentence on injury DUI was illegal sentence in violation of the maximum penalty- State v. Smith, 2005 ND APP 5, 697 N.W.2d 368.
  • Established reasonable suspicion was an inadequate basis for police to transport package from shipping facility to the law enforcement center- State v. Ressler, 2005 ND 140, 701 N.W.2d 915.
  • Recognized the right to cross examine on specific acts of misconduct underlying a criminal conviction-State v. Hoverson, 2006 ND 49, 710 N.W.2d 890
  • Overturned convictions for intent to deliver cases within one thousand feet of a school- State v. Dennis, 2007 ND 87, 733 N.W.2d 241.
  • Established criteria for affirmative refusal of chemical test- Grosgebauer v. N.D. Dep’t of Transp., 2008 ND 75, 747 N.W.2d 510.
  • Required officer to testify about each and every step in blood collection to show scrupulous compliance and fair administration of blood testing- Schlosser v. N.D. Dep’t of Transp., 2009 ND 173, 775 N.W.2d 695.
  • Required Department to recreate the record with testimony to replace lost recording- Massett v. N.D. Dep’t of Transp., 2010 ND 211, 790 N.W.2d 481.
  • Established a bankruptcy schedule may be amended any time before the case is closed- Kost v. Kraft, 2011 ND 69, 795 N.W.2d 712.
  • Required State to produce nurse who drew blood sample- State v. Lutz, 2012 ND 156, 820 N.W.2d 111.
  • Established driver’s consent to a search of vehicle does not justify a search of a passenger’s purse- State v. Daniels, 2014 ND 124, 848 N.W.2d 670.
  • Cash sent did not justify search warrant for suspected proceeds from the drug sales- State v. Biwer, 2018 ND 185, 915 N.W.2d 837.
  • Established State has no jurisdiction to appeal evidentiary rulings- State v. Corona, 2018 ND 196, 916 N.W.2d 610.
  • Established there must be a valid request for testing before there can be a refusal- Alvarado v. N.D. Dep’t of Transp., 2019 ND 231, 932 N.W.2d 911.
  • Recognized affirmative defense of confusion for refusal cases- City of Bismarck v. King, 2019 ND 74, 924 N.W.2d 137.

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Hear What Our Clients Had to Say
  • “He is hardworking and has a great understanding of the law. I wouldn’t hire anyone else.”

    - E.S.
  • “He was very nice and professional and he gets the job done. I would highly recommend him.”

    - L.M.
  • “When I called the McCabe Law Office and spoke with Chad, I felt a sense of well-being, knowing that my case was being handled by a reputable attorney.”

    - T.T.

How We Make the Difference for Our Clients

Client-Focused Representation
  • Life Member of NACDL

  • Over Two Decades of Experience

  • Accessible to Clients 24/7

  • Extensive Litigation & Courtroom Experience

  • Won an Appeal Before the United States Supreme Court

  • Has over 100 Published Appellate Opinions

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