Hennepin County Office of Appellate Courts
Leonard Goodloe, Bayport, Minnesota, pro se.
Ellison, Attorney General, Saint Paul, Minnesota; and Michael
O. Freeman, Hennepin County Attorney, Jonathan P. Schmidt,
Assistant County Attorney, Minneapolis, Minnesota, for
district court did not abuse its discretion in summarily
denying appellant's third petition for postconviction
relief because, even when the alleged facts are viewed in a
light most favorable to appellant, he is conclusively
entitled to no relief.
and decided by the court without oral argument.
Hennepin County jury found appellant Leonard Goodloe guilty
of first-degree premeditated murder, Minn. Stat. §
609.185(a)(1) (2018), and he was sentenced to life in prison
without the possibility of release. On direct appeal, Goodloe
argued that the district court committed plain error when it
gave the pattern jury instruction on premeditation. We
affirmed Goodloe's conviction, concluding that the jury
instruction accurately stated the law. Twelve years later, in
November 2018, Goodloe filed his third petition for
postconviction relief, arguing that the district court's
instruction on premeditation did not accurately state the
law. The district court summarily denied the petition.
Because Goodloe is conclusively entitled to no relief, even
when the alleged facts are viewed in a light most favorable
to him, we affirm.
22, 2004, Akeen Brown was fatally shot in the back office of
a convenience store. Following a police investigation, a grand
jury indicted appellant Leonard Goodloe for first-degree
premeditated murder. Goodloe pleaded not guilty.
trial, the State presented evidence that established the
following facts. On July 22, 2004, Brown was standing in
front of a convenience store when Goodloe stepped out of a
car and waved a gun. Brown fled into the convenience store
and hid in the office. A few seconds later, Goodloe entered
the store and asked something to the effect of "where he
at, where he at." He then forced open the office door
and shot Brown in the head three times with a .357 caliber
objection, the district court provided the jurors the pattern
jury instruction regarding the element of
premeditation. See 10 Minn. Dist. Judges
Ass'n, Minnesota Practice-Jury Instruction Guides,
Criminal, CRIMJIG 11.02 (4th ed. 1999). At the time of
Goodloe's trial, CRIMJIG 11.02 stated in relevant part
that "[i]t is not necessary that premeditation exist for
any specific length of time." The jury found Goodloe
guilty as charged, and the district court imposed a sentence
of life without the possibility of release.
direct appeal, Goodloe argued that "the jury instruction
on premeditation constituted plain error affecting his
substantial rights." State v. Goodloe, 781
N.W.2d 413, 420 (Minn. 2006). According to Goodloe, CRIMJIG
11.02 did not accurately incorporate our holding in State
v. Moore, 481 N.W.2d 355, 361 (Minn. 1992), that
"some appreciable time" must pass after forming an
intent to kill. Concluding ...