Hennepin County Office of Appellate Courts
Prentis Cordell Jackson, Stillwater, Minnesota, pro se. Keith
Ellison, Attorney General, Saint Paul, Minnesota; and
Michael O. Freeman, Hennepin County Attorney, Patrick R.
Lofton, Assistant County Attorney, Minneapolis, Minnesota,
postconviction court did not abuse its discretion in denying
appellant's claims of ineffective assistance of counsel
without holding an evidentiary hearing because the petition
was filed more than 2 years after the disposition of 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 applicable 2-year statute of
and decided by the court without oral argument.
postconviction proceeding we consider whether the
postconviction court abused its discretion when it denied
appellant Prentis Cordell Jackson's petition for
postconviction relief without holding an evidentiary hearing.
Because the petition was filed more than 2 years after the
disposition of his direct appeal and the facts alleged in the
postconviction petition, if proven, would not have satisfied
any exception to the 2-year statute of limitations, we affirm
the postconviction court's decision.
a jury trial in November 2006, Jackson was convicted of
first-degree premeditated murder for fatally shooting Michael
Anthony Bluntson, Jr. See Minn. Stat. §
609.185(a)(1) (2018). On direct appeal from his conviction,
Jackson raised the sole claim that the district court erred
when it failed to instruct the jury on the requirement that
an accomplice's testimony be corroborated. State v.
Jackson (Jackson I), 746 N.W.2d 894, 898 (Minn.
2008). We rejected that claim and affirmed Jackson's
conviction by decision filed April 10, 2008. Id. at
900. Under the 2-year statute of limitations governing
postconviction petitions, Minn. Stat. § 590.01, subd.
4(a)(2) (2018), Jackson's conviction became final 90 days
after our April decision, that is, on July 9, 2008, because
he did not file a petition for certiorari with the Supreme
Court of the United States. See Berkovitz v. State,
826 N.W.2d 203, 207 (Minn. 2013).
filed his first petition for postconviction relief in January
2013, asserting two claims. First, he sought a new trial
because an eyewitness allegedly recanted his trial testimony.
Jackson v. State (Jackson II), 883 N.W.2d
272, 275 (Minn. 2016). Second, he claimed that a mandatory
life sentence without the possibility of release was
unconstitutional because he was a juvenile at the time of the
offense. Id. at 276. We rejected the first claim,
but ordered that he be resentenced in accordance with the
decision in Montgomery v. Louisiana, ___ U.S. ___,
136 S.Ct. 718 (2016), which was issued during the pendency of
Jackson's postconviction appeal. Jackson II, 883
N.W.2d at 282. Jackson was then resentenced to life in prison
with the possibility of release after 30 years.
filed his current petition for postconviction relief on
February 12, 2018, asserting three claims of ineffective
assistance of counsel during his trial and direct appeal.
First, Jackson claims that his trial counsel was ineffective
during plea negotiations. He alleges that, on the cusp of
trial, the State offered him a plea deal that would have
resulted in a sentence of 30 years in prison with the
possibility of release after 20 years. He further alleges
that his trial counsel advised him that the State would be
unable to prove premeditation because the murder occurred in
the "heat of passion." Based on this advice,
Jackson rejected the State's offer. Second, Jackson
claims that his trial counsel was ineffective for failing to
request a jury instruction on lesser-included offenses.
Third, Jackson claims that his appellate counsel was
ineffective on direct appeal for failing to raise his trial
counsel's ineffectiveness as grounds for reversing his