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State v. Mosley

Supreme Court of Minnesota

April 26, 2017

State of Minnesota, Respondent,
v.
Eddie Matthew Mosley, Appellant.

         Hennepin County Office of Appellate Courts

          Lori Swanson, Attorney General, Saint Paul Minnesota; and Michael O. Freeman, Hennepin County Attorney, Kelly O'Neill Moller, Assistant County Attorney, Minneapolis, Minnesota, for respondent.

          Eddie Matthew Mosley, Rush City, Minnesota, pro se.

         SYLLABUS

         1. The postconviction court did not abuse its discretion by summarily denying appellant's request for a new trial based on newly discovered evidence because even if the facts alleged in the petition were proven by a fair preponderance of the evidence, appellant failed to satisfy the requirements of Rainer v. State, 566 N.W.2d 692 (Minn. 1997).

         2. The postconviction court did not abuse its discretion by summarily denying appellant's claims that his trial counsel and appellate counsel provided ineffective assistance because even if the facts alleged in the petition were proven by a fair preponderance of the evidence, appellant failed to satisfy the requirements of Strickland v. Washington, 466 U.S. 668 (1984).

         Affirmed.

         Considered and decided by the court without oral argument.

          OPINION

          McKEIG, Justice.

         Appellant Eddie Matthew Mosley was convicted of three counts of first-degree premeditated murder. Mosley appealed his conviction, and we affirmed. State v. Mosley, 853 N.W.2d 789 (Minn. 2014), cert. Denied, ___ U.S. ___, 135 S.Ct. 1185 (2015). Mosley filed a petition for postconviction relief, claiming he was entitled to a new trial based on newly discovered evidence in the form of affidavits signed by five alibi witnesses. He also claimed his trial counsel and appellate counsel provided ineffective assistance. The postconviction court summarily denied Mosley's petition. We affirm.

         FACTS

         On April 9, 2012, DeLois Brown and her parents, Clover and James Bolden, were found shot to death in Brown's house in Brooklyn Park.[1] Following a police investigation, a Hennepin County grand jury indicted Mosley for several offenses in connection with the shooting deaths of Brown and the Boldens, including three counts of first-degree premeditated murder. Mosley waived his right to a jury trial and submitted his case to the district court.

         At Mosley's bench trial, the State presented the following evidence. Mosley, a resident of St. Louis, Missouri, has the same father as Brown's daughter, W.H., and had a close relationship with Brown and the Boldens. A few days before the murders, Mosley was served with a first-degree criminal sexual conduct (CSC) charge arising out of W.H.'s report that Mosley had sexually molested her daughter. Mosley called and texted W.H., begging her to have the charge dropped. The defense objected to the introduction of the charge at Mosley's murder trial, but the district court admitted the charge as evidence of Mosley's motive.

         There was conflicting evidence regarding Mosley's location on April 8 and 9, 2012. According to Mosley's friend, M.T., he drove with Mosley from St. Louis to Brooklyn Park and back within approximately 24 hours, leaving St. Louis in the early evening hours of April 8, arriving in Brooklyn Park in the early morning hours of April 9, and returning to St. Louis later in the day on April 9. M.T.'s cellphone ...


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