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Wayne v. State

Supreme Court of Minnesota
Oct 21, 1999
601 N.W.2d 440 (Minn. 1999)

Summary

holding that claims which could have been raised in previous postconviction petitions were barred under the Knaffla rule despite the petitioner having never filed a direct appeal

Summary of this case from Wilson v. State

Opinion

No. CX-99-231.

Filed October 21, 1999. Rehearing Denied December 18, 1999.

Appeal from the District Court, Waseca County, RENEE L. WORKE, J,.

Affirmed.

Michael Wayne, pro se.

Larry M. Collins, Mike Hatch, Paul R. Kempainen, for respondent.

Considered and decided by the court en banc without oral argument.


OPINION

On March 7, 1987 Michael Wayne, appellant, was convicted by the Waseca County District Court of first- and second-degree murder pursuant to Minn. Stat. §§ 609.185 and 609.19 for the death of Mona Armendariz. Appellant filed this third petition for postconviction relief on September 3, 1998, raising five issues including a request for DNA testing of blood-stained clothing relied on by the prosecutor at trial. The postconviction court ordered DNA testing and as the results were consistent with those earlier obtained by electrophoretic typing and the petition raised no other issue entitling appellant to a hearing, postconviction relief was denied. We affirm.

In addition to the issue relating to DNA testing, appellant addressed four other claims in his petition involving an affidavit implicating Wade Abraham in the murder, a knife found by the police near the crime scene, improper jury selection and composition, and insufficient evidence to support the conviction.

We have twice before reviewed petitions for postconviction relief filed by appellant. In State v. Fenney, we held, inter alia, that sufficient evidence supported the jury verdict, that the postconviction court did not abuse its discretion in denying a new trial based on new evidence and that the electrophoretic typing of blood stains was admissible evidence. 448 N.W.2d 54, 61-2 (Minn. 1989). Later in Wayne v. State we concluded that a statement implicating third parties in the murder did not constitute newly discovered evidence entitling appellant to a new trial because it was not material and would not change the outcome of the trial. 498 N.W.2d 446, 447-48 (Minn. 1993).

Appellant changed his name from Michael Wayne Fenney to Michael Wayne.

Appellant also filed a petition for a writ of habeas corpus in federal district court. The district court denied his petition and the Eighth Circuit Court of Appeals affirmed, concluding that appellant was not denied due process as evidence relating to the knife found by the police and allegations against third parties did not undermine confidence in his trial. See Wayne v. Benson, 89 F.3d 530, 534-35 (8th Cir. 1996).

In this third petition for postconviction relief we will not consider claims which appellant raised or knew of and could have raised in earlier review. See State v. Knaffla, 309 Minn. 246, 252, 243 N.W.2d 737, 741 (1976); Dent v. State, 411 N.W.2d 497, 499 (Minn. 1989). Appellant raised the sufficiency of the evidence claim in his first petition and he addressed similar allegations against Wade Abraham in both his second petition and his 1987 post-trial motion. See Wayne, 498 N.W.2d at 447-48; Fenney, 448 N.W.2d at 61. Further, appellant raised the issue relating to the knife found by the police in his 1987 post-trial motion and obviously knew of it at the time of his earlier postconviction petitions. Appellant likewise could have raised the claim relating to jury selection and composition in a previous petition and has offered no explanation for his failure to do so. Thus, these four claims are procedurally barred under our ruling in Knaffla. As to the DNA testing, it only constitutes new evidence from the standpoint that it further confirms appellant's guilt and thus it does not entitle appellant to relief. See State v. Rainer, 502 N.W.2d 784, 789-90 (Minn. 1993).

We hold that the postconviction court did not abuse its discretion in denying appellant's request for postconviction relief.

Affirmed.


Summaries of

Wayne v. State

Supreme Court of Minnesota
Oct 21, 1999
601 N.W.2d 440 (Minn. 1999)

holding that claims which could have been raised in previous postconviction petitions were barred under the Knaffla rule despite the petitioner having never filed a direct appeal

Summary of this case from Wilson v. State

holding that denial of petitioner's third petition for postconviction relief was not abuse of discretion where issues raised were known and could have been raised in two previous petitions

Summary of this case from Morris v. State

concluding claims appellant raised in earlier review will not be considered on appeal

Summary of this case from Hogan v. State

affirming the dismissal of appellant's petition for postconviction relief and stating that the court would "not consider claims which appellant raised or knew of and could have raised" in either of appellant's two prior petitions for postconviction review

Summary of this case from Evenstad v. State

declining to consider in review of denial of third petition for postconviction relief claims that appellant could have raised in earlier review

Summary of this case from Stevens v. State

applying rule in State v. Knaffla, 309 Minn. 246, 252, 243 N.W.2d 737, 741 (holding that postconviction petitioner's claims are barred if they were or could have been brought in direct appeal), to situations in which petitioner did not raise claim in previous postconviction petition

Summary of this case from Stevens v. State

applying rule from State v. Knaffla, 309 Minn. 246, 252, 243 N.W.2d 737, 741, to situation in which petitioner did not raise issues in his previous petitions for postconviction relief

Summary of this case from Rodriguez v. State

stating that court will not consider claims appellant could have raised in earlier review

Summary of this case from Adams v. State

stating that the court would "not consider claims which appellant raised or knew of and could have raised" in either of his two prior petitions for postconviction review

Summary of this case from LIND v. STATE

applying rule from State v. Knaffla, 309 Minn. 246, 252, 243 N.W.2d 737, 741, to situation where petitioner did not raise issues in his previous petitions for postconviction relief

Summary of this case from Kilgore-Bey v. State

applying State v. Knaffla, 309 Minn. 246, 252, 243 N.W.2d 737, 741 (the " Knaffla rule")

Summary of this case from Wilson v. State

applying State v. Knaffla, 309 Minn. 246, 252, 243 N.W.2d 737, 741, to bar claims that could have been raised in previous petition for postconviction relief

Summary of this case from Burch v. State

declining to review claims on a third petition for postconviction relief where Wayne raised or could have raised the claims in earlier petitions

Summary of this case from State v. Lasley
Case details for

Wayne v. State

Case Details

Full title:Michael Wayne, Appellant, v. State of Minnesota, Respondent

Court:Supreme Court of Minnesota

Date published: Oct 21, 1999

Citations

601 N.W.2d 440 (Minn. 1999)

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