Post Conviction Relief is a complicated situation. There are some things that will almost always get you a hearing and some that almost never will. Here we see a split. While an IAAC (Ineffective-Assistance of Appellate Counsel) claim can occasionally work, it’s rather rare. New evidence is another matter entirely.
A11-0070 De-Aunteze Lavion Bobo, Appellant, vs. State of Minnesota, Respondent.
A11-1671 Hennepin County.
1. The postconviction court did not err when it failed to hold an evidentiary hearing on appellant’s ineffective-assistance-of-appellate-counsel claim because appellant failed to allege facts that, if proven by a fair preponderance of the evidence, would satisfy the first prong of the Strickland test.
2. The postconviction court erred when it failed to hold an evidentiary hearing on appellant’s newly discovered evidence claim because the record does not conclusively establish that appellant failed to allege facts that, if proven by a fair preponderance of the evidence, could satisfy the Rainer test.
Affirmed in part, reversed in part, and remanded. Chief Justice Lorie S. Gildea.
Concurring in part, dissenting in part, Justices David R. Stras and Christopher J. Dietzen
By: Landon J. Ascheman, Esq.
Landon@AschemanSmith.com
(B) 612.217.0077 (C) 651.280.9533