Procedure for Prosecutor Appeals from a Judgment of Acquittal, Vacation of

Judgment after a Jury Verdict of Guilty, or Order Granting a New Trial In first-degree murder cases, Rule 28.04, subd. 8 governs appeals by the prosecutor to the Supreme Court from: (1) a judgment of acquittal after a jury verdict of guilty; (2) an order vacating judgment and dismissing the case after a jury verdict of guilty; or (3) an order granting a new trial. Comment - Rule 29 After a first-degree murder conviction, only the Supreme Court has appellate jurisdiction. See Minnesota Statutes, sections 480A.06, subdivision 1, and 632.14. This includes appeals from orders denying post-conviction relief from convictions in first-degree murder cases. See Minnesota Statutes, section 590.06. However, appeals in first-degree murder cases before conviction are decided by the Court of Appeals under Rule 28, and may be reviewed by the Supreme Court via a petition for further review. Under Minn. R. Civ. App. P. 136.02, the clerk of the appellate courts is to enter judgment under the decision of the Court of Appeals not less than 30 days after that decision is filed. The filing of a petition for review under Rule 29.04 stays entry of the judgment and transmission of the judgment back to the clerk of the district court according to Minn. R. Civ. App. P. 136.02 and 136.03. If the petition for review is denied, the judgment is to be entered and transmitted immediately.