What is the standard for appellate review of a criminal conviction?

The standard for appellate review of a criminal conviction in Minnesota is to determine whether there was an error of law, an abuse of discretion, or any deficiency sufficient to warrant a new trial. In order to appeal a criminal conviction, the appellant must prove that a legal error occurred during the trial. This could include anything from an incorrect jury instruction to the admission of inadmissible evidence. An abuse of discretion is when the trial court has made a decision that is clearly unreasonable and unsupported by the evidence presented. Lastly, if no legal errors or abuses of discretion are found, the appellate court will review the record of the proceedings to determine whether any deficiency in judgment or quality of legal representation has been shown that might warrant a new trial. The appellate court will only order a new trial if the appellant can prove one or more of the three standards outlined above.

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