County Office of Appellate Courts
Zachary A. Longsdorf, Longsdorf Law Firm, PLC, Inver Grove
Heights, Minnesota, for appellant.
Swanson, Attorney General, Saint Paul, Minnesota; and Michael
O. Freeman, Hennepin County Attorney, Brittany D. Lawonn,
Assistant County Attorney, Minneapolis, Minnesota, for
postconviction court must accept the facts alleged in the
petition as true when deciding whether a postconviction
petition may be denied without holding an evidentiary
postconviction court did not abuse its discretion when it
summarily denied appellant's third petition for
postconviction relief because the petition did not clearly
and convincingly establish appellant's innocence in order
to satisfy the newly-discovered-evidence exception under
Minn. Stat. § 590.01, subd. 4(b)(2) (2016).
and decided by the court without oral argument.
case is an appeal from the denial of Keith Henderson's
third petition for postconviction relief, which asserts
several claims based on facts alleged in two sworn
affidavits. The postconviction court summarily denied
Henderson's petition because it was filed after the
statute of limitations in Minn. Stat. § 590.01, subd.
4(a) (2016), expired, and failed to meet the
newly-discovered-evidence exception in subdivision 4(b)(2).
Because the affidavits are legally insufficient to establish
that Henderson is innocent of the offenses of which he was
convicted, the postconviction court did not abuse its
discretion when it summarily denied the petition as untimely
filed. We affirm.
1998, Juwan Gatlin was killed by fellow gang members in an
alleyway in Minneapolis. He was shot between 13 and 15 times.
Following a police investigation, Henderson was indicted for
first-degree premeditated murder, Minn. Stat. §
609.185(1) (2016), and a crime committed for the benefit of a
gang, Minn. Stat. § 609.229 (2016). Donte Evans and
Darryl McKee were also indicted for Gatlin's murder.
McKee, Evans, and Gatlin were all members of a street gang
known as the Mickey Cobras. Gatlin was killed because he gave
information to police that led to the arrest of two other
Mickey Cobra members for an unsolved murder. At trial, the
State presented several witnesses who testified to
Henderson's involvement in Gatlin's murder. The
testimony of H.W., A.N., and D.J. is relevant to this appeal.
another Mickey Cobra, testified that Evans told him about
Henderson's involvement in Gatlin's murder. H.W.
described two conversations with Evans, one in a car and one
in a hallway. H.W. said that he, his "little cousin,
" and Evans were in a car together when Evans said,
"T, we got away with it . . . we got [Gatlin], we got
[Gatlin]."The "little cousin" to whom H.W.
referred at trial ...