Sunday, February 12, 2017

Post Conviction Claims, All 200 Pages of Them, Are Statutorily Time Barred

Hannon v. State, Minn.S.Ct., 2/8/2017.  Here's about all that needs to be said about this third post conviction petition, from  Justice Hudson's opening salvo:
This case involves Hannon’s third petition for postconviction relief, which he filed in September 2015. In nearly 200 pages of materials, Hannon brought a host of claims, which generally fall into 12 categories: (1) an unauthorized sentence, (2) incompetence to stand trial; (3) ineffective assistance of trial counsel; (4) judicial bias by the trial judge; (5) judicial bias by the previous postconviction judge; (6) failure to serve the indictment; (7) actual innocence; (8) evidence of false DNA testimony from the BCA scientist; (9) evidence of false/inaccurate statements from the State’s witnesses; (10) evidence relating to substantive evidence referenced at trial; (11) evidence of a violation of Brady v. Maryland, 373 U.S. 83 (1963); and (12) prosecutorial misconduct. The postconviction court denied Hannon’s petition without holding an evidentiary hearing, concluding that all of the claims except the sentencing claim were untimely filed under section 590.01, subdivision 4, because they were brought more than 2 years after our disposition of his direct appeal and none of the statutory exceptions to the 2-year statute of limitations applied. Regarding the sentencing claim, the court held that the claim was meritless because the applicable statute, Minn. Stat. § 609.106, subd. 2(2), authorized the sentence that Hannon received. Hannon then filed this appeal.

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