County Office of Appellate Courts
Michael Wayne, Moose Lake, Minnesota, pro se.
Swanson, Attorney General, Matthew Frank, Assistant Attorney
General, Saint Paul, Minnesota; and Brenda Miller, Waseca
County Attorney, Waseca, Minnesota, for respondent.
district court did not abuse its discretion by summarily
denying appellant's petition for postconviction relief
based upon DNA evidence without an evidentiary hearing
because no exception to the statutory 2-year time bar
Appellant's remaining claims in his petition for
postconviction relief are barred because they were raised and
denied in previous petitions.
1987, Michael Wayne was convicted of first- and second-degree
murder. Thirty years later, Wayne filed his ninth petition
for postconviction relief, relying on recent lab reports that
showed that the amount of male DNA found on the victim's
body was insufficient for specific typing. Wayne argued that
the forensic scientist's inability to match his DNA
profile to the male DNA found on the victim's body
established his actual innocence. The district court
summarily denied Wayne's petition, concluding that the
lab reports did not establish his actual innocence. Because
we conclude that Wayne's petition is time-barred, or
otherwise rests upon a meritless legal theory, we affirm.
1987, Wayne was convicted of first- and second-degree murder
for the death of Mona Armendariz and sentenced to life in
prison. He appealed, arguing that bloodstain
evidence and certain witness statements were improperly
admitted into evidence, the district court's refusal to
allow alternative perpetrator evidence was error, and the
evidence was insufficient to convict. We affirmed his
conviction in his consolidated appeal from the judgment of
conviction and the denial of his first postconviction
petition. State v. Fenney (Wayne I), 448
N.W.2d 54, 62 (Minn. 1989).
that, Wayne filed seven more petitions for postconviction
relief. In his second petition, he claimed that new
evidence-a new statement from a witness about an alleged
alternative perpetrator-established his innocence; the
district court denied the petition. Wayne v. State
(Wayne II), 498 N.W.2d 446');">498 N.W.2d 446, 447 (Minn. 1993). We
affirmed, concluding that the alternative-perpetrator theory
was presented at trial and the statement lacked credibility.
Id. at 447-48. Wayne subsequently filed a petition
for a writ of habeas corpus in federal court for the District
of Minnesota. The court denied his petition, and the Eighth
Circuit affirmed, highlighting the same credibility problems
that we emphasized. Wayne v. Benson, 89 F.3d 530,
533-34 (Minn. 1996).
third petition raised other evidentiary issues, alleged a
different alternative perpetrator, and included a request for
DNA testing of bloodstains found on his clothing. Wayne
v. State (Wayne III), 601 N.W.2d 440, 441
(Minn. 1999). After DNA testing revealed no new evidence, the
district court denied his motion. Id. We affirmed,
stating that the DNA testing revealed only further evidence
of Wayne's guilt and that the other claims were barred by
State v. Knaffla, 243 N.W.2d 737 (Minn. 1976). 601
N.W.2d at 441-42.
fourth petition for postconviction relief claimed ineffective
assistance of counsel, evidentiary errors, newly discovered
evidence in the form of a written confession by an alleged
alternative perpetrator, erroneous jury instructions,
prosecutorial misconduct, and other constitutional errors.
Wayne v. State (Wayne IV), 747 N.W.2d 564,
565 (Minn. 2008). We concluded that the
alternative-perpetrator claim had already been addressed in
Wayne's second postconviction petition and that his other
claims were barred by Knaffla. Id. at 566.
More importantly, we concluded that the newly ...