Office of Appellate Courts Hennepin County
Zachary A. Longsdorf, Longsdorf Law Firm, PLC, Lake Elmo, Minnesota, for appellant.
Lori Swanson, Attorney General, Saint Paul, Minnesota; and Michael O. Freeman, Hennepin County Attorney, Lee W. Barry, Assistant County Attorney, Minneapolis, Minnesota, for respondent.
The postconviction court did not abuse its discretion by summarily denying petitions for postconviction relief when the petitions were time-barred under Minn. Stat. § 590.01, subd 4(c) (2012).
Considered and decided by the court without oral argument.
Appellant Ronald Lewis Greer seeks postconviction relief from his convictions arising out of the July 26, 1998, shooting death of K.B. Greer filed a petition for postconviction relief on May 4, 2012, and filed another petition on August 13, 2012. After the postconviction court denied the petitions without evidentiary hearings, Greer appealed. Because the postconviction court did not err by summarily denying Greer's petitions, we affirm.
K.B. was shot to death just after midnight on July 26, 1998, near the intersection of Lake Street and Bloomington Avenue in south Minneapolis. Several witnesses implicated Greer in the shooting. Greer was arrested in Detroit, Michigan, several weeks after K.B.'s murder, and a Hennepin County grand jury subsequently indicted him for first- and second-degree murder. The case proceeded to trial, during which Greer testified. Greer was found guilty and convicted of first- and second-degree murder.
Greer appealed. We remanded the case to the chief judge of the Fourth Judicial District for proceedings to determine the nature and effect of ex parte contacts between the district court judge and the jury. State v. Greer (Greer I), 635 N.W.2d 82, 85 (Minn. 2001). On remand, the chief judge granted Greer a hearing and subsequently denied Greer's motion for a new trial. Greer again appealed. He argued that the district court abused its discretion by summoning and questioning only six of the twelve jurors who deliberated at trial. State v. Greer (Greer II), 662 N.W.2d 121, 123 (Minn. 2003). We rejected Greer's argument and affirmed Greer's convictions on May 29, 2003. Id. at 122. In 2004, we affirmed the district court's summary denial of Greer's first petition for postconviction relief, in which Greer raised a claim of judicial bias. Greer v. State (Greer III), 673 N.W.2d 151, 154 (Minn. 2004). We concluded that the denial of Greer's petition was not an abuse of discretion because his judicial-bias claim was barred under State v. Knaffla, 309 Minn. 246, 252, 243 N.W.2d 737, 741 (1976). Greer III, 673 N.W.2d at 157.
Greer next filed petitions for postconviction relief on May 4, 2012, and August 13, 2012, respectively. These petitions are the subject of the instant appeal. In his May 4, 2012, postconviction petition, Greer alleged that he was denied effective assistance of appellate counsel because his appellate counsel failed to raise numerous claims on direct appeal, failed to consult with Greer regarding the issues to be raised on direct appeal, and failed to timely advise Greer of the right to file a pro se supplemental brief. In response, the State argued that Greer's petition was both time-barred and without merit. The postconviction court denied the petition without an evidentiary hearing, concluding that Greer's petition was time-barred. In an alternative holding, the postconviction court ruled that Greer's ineffective-assistance-of-appellate-counsel claims failed on the merits.
In his August 13, 2012, postconviction petition, Greer argued that he was entitled to a new trial based on newly-discovered evidence that his trial testimony was false. The State responded that Greer's petition was time-barred, Knaffla-barred, and without merit. Concluding that Greer's August 13, 2012, postconviction petition was untimely, the postconviction court summarily denied Greer's requested relief.
We review the denial of postconviction relief for an abuse of discretion. Reed v. State, 793 N.W.2d 725, 729 (Minn. 2010). In doing so, we review the postconviction court's legal conclusions de novo, see Davis v. State, 784 N.W.2d 387, 390 (Minn. 2010), and its findings of fact for clear error, see Doppler v. State, 771 N.W.2d 867, 875 (Minn. 2009).
A person convicted of a crime "may commence a proceeding to secure [postconviction] relief by filing a petition in the district court in the county in which the conviction was had." Minn. Stat. § 590.01, subd. 1 (2012). A petitioner is entitled to an evidentiary hearing "[u]nless the petition and the files and records of the proceeding conclusively show that the petitioner is entitled to no relief." Minn. Stat. § 590.04, subd. 1 (2012). For relief to be granted, the allegations raised in a petition for postconviction relief must be " 'more than argumentative assertions without factual support.' " State v. Caldwell, 803 N.W.2d 373, 388 (Minn. 2011) (quoting Doppler, 771 N.W.2d at 871). When a petitioner "alleges facts that, if true, are legally insufficient to entitle him to the requested relief, " ...