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Jackson v. State

Supreme Court of Minnesota

May 15, 2019

Tyree Leland Jackson, Appellant,
v.
State of Minnesota, Respondent.

          Office of Appellate Courts Hennepin County

          Tyree Leland Jackson, Stillwater, Minnesota, pro se.

          Keith Ellison, Attorney General, Saint Paul, Minnesota, and Michael O. Freeman, Hennepin County Attorney, Jean Burdorf, Assistant County Attorney, Minneapolis, Minnesota, for respondent.

         SYLLABUS

         1. The postconviction court did not abuse its discretion in summarily denying appellant's claims of ineffective assistance of counsel without holding an evidentiary hearing because the petition was filed more than 2 years after his direct appeal and the facts alleged in the postconviction petition, if proven at an evidentiary hearing, would not have satisfied any exception to the 2-year statute of limitations.

         2. Even assuming that appellant's petition included a motion for testing under Minn. Stat. § 590.01, subd. 1a (2018), the postconviction court's failure to rule on the motion does not require a remand because the petition fails to allege facts that would satisfy the requirements of the statute.

         Affirmed.

         Considered and decided by the court without oral argument.

          OPINION

          McKEIG, Justice.

         Appellant Tyree Leland Jackson was convicted of first-degree premeditated murder under an aiding-and-abetting theory of liability. The district court imposed a sentence of life without the possibility of release. On direct appeal, we affirmed Jackson's conviction. In 2018, Jackson filed a postconviction petition, alleging claims of ineffective assistance of counsel. In his petition, Jackson requested an evidentiary hearing on his claims for ineffective assistance of trial and appellate counsel and mentioned a motion for testing conducted under subdivision 1a of the postconviction statute, Minn. Stat. § 590.01 (2018). The postconviction court summarily denied Jackson's claims of ineffective assistance of counsel without holding an evidentiary hearing because his claims were barred by the 2-year statute of limitations, Minn. Stat. § 590.01, subd. 4 (2018). The postconviction court's order did not acknowledge the reference to "testing conducted under subdivision 1a" in Jackson's request for relief. Because Jackson's claims are barred by the 2-year statute of limitations and his reference to testing does not satisfy the requirements of subdivision 1a, we affirm.

         FACTS

         On May 16, 2003, Thomas Olson attended a party at a south Minneapolis home with three of his friends. When a fight broke out, Olson and his friends ran to their cars. As Olson was driving away, shots were fired at his car and one of the bullets fatally struck Olson in the head. Several eyewitnesses identified one of the shooters as Jackson, a known associate of the Bloods gang. The shots were fired from two different guns, one a Colt .32 semi-automatic pistol and the other either a .38 revolver, a .357 revolver, or a 9-millimeter semi-automatic.[1]

         A Hennepin County grand jury indicted Jackson on several counts, including first-degree premeditated murder, Minn. Stat. § 609.185(a)(1) (2018), and crime committed for the benefit of a gang, Minn. Stat. § 609.229, subd. 2 (2018), where the underlying crime was second-degree intentional murder, Minn. Stat. § 609.19, subd. 1(1) (2018). Both counts alleged aiding-and-abetting liability under Minn. Stat. § 609.05, subd. 1 (2018).

         Pursuant to a plea agreement, Jackson pleaded guilty to the crime-committed-for-the-benefit-of-a-gang offense. In exchange for his plea, the State agreed to dismiss the remaining charges at sentencing. But before sentencing, Jackson filed a motion to withdraw his guilty plea, claiming that he was not guilty of the crime and that he felt enormous pressure to plead guilty to avoid the potential sentence of ...


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