Post conviction relief timeliness

Timeliness of petition for post conviction relief

Defendant’s petition for post conviction relief was denied.  On appeal, defendant argued that the trial court (1) abused it discretion when it considered the timeliness of his petition where the State did not raise this issue; (2) erred by denying his request for an evidentiary hearing, rejecting due process violations, and denying his petition.  The Minnesota Court of Appeals concluded there was no error in consideration of timeliness issue, and that prosecutorial misconduct issues were Knaffla barred.  Affirmed.

Honeycutt v. State, A19-0887, Ramsey County.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

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