Minnesota Legislature
HF 3903
as introduced - 90th Legislature (2017 - 2018) Posted on 03/15/2018 02:30pm
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A bill for an act
relating to judiciary; modifying petition for relief from conviction; amending
Minnesota Statutes 2016, sections 590.01, subdivisions 1, 4; 590.02, subdivisions
1, 3; 590.03; 590.04, subdivisions 1, 3, by adding a subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2016, section 590.01, subdivision 1, is amended to read:
Subdivision 1.
Petition.
new text begin (a) new text end Except at a time when direct appellate relief is available, a
person convicted of a crime, new text begin or whose adjudication of conviction was stayed, new text end who claims
that:
(1) the conviction obtained or the sentence or other disposition made violated the person's
rights under the Constitution or laws of the United States or of the state; or
(2) scientific evidence not available at trial, obtained pursuant to a motion granted under
subdivision 1a, establishes the petitioner's actual innocence;
may commence a proceeding to secure relief by filing a petition in the district court in the
county in which the conviction was had to vacate and set aside the judgment and to discharge
the petitioner or to resentence the petitioner or grant a new trial or correct the sentence or
make other disposition as may be appropriate. new text begin This chapter does not apply to
probation-revocation or restitution proceedings.
new text end
new text begin (b) new text end A petition for postconviction relief after a direct appeal new text begin or postconviction proceeding
new text end has been completed may not be based on grounds that new text begin the petitioner knew or should have
known, or that new text end could have been raisednew text begin or were raisednew text end on direct appeal of the conviction or
sentencenew text begin or in previous postconviction proceedingsnew text end . Nothing contained herein shall prevent
the Supreme Court or the Court of Appeals, upon application by a party, from granting a
stay of a case on appeal for the purpose of allowing an appellant to apply to the district court
for an evidentiary hearing under the provisions of this chapter. The proceeding shall conform
with sections 590.01 to 590.06.
new text begin
After direct appeal or postconviction review, the petitioner must obtain leave of the
district court to file a successive petition. The petitioner bears the burden to demonstrate
that the court should review the merits of a successive petition because the petitioner did
not deliberately or inexcusably fail to raise the issue on direct appeal or in a previous petition
and, either:
new text end
new text begin
(1) the petitioner has presented newly discovered evidence that, if true, establishes by
clear and convincing evidence that the petitioner is innocent of the offense or offenses of
which the petitioner was convicted; or
new text end
new text begin
(2) the claim is so novel that its legal basis was not reasonably available to the petitioner
when the direct appeal was taken.
new text end
new text begin
The state may file a response to the request for leave of court, but unless the court grants
leave to file a successive petition, the state shall not be required to respond to the merits of
the claims raised. If the court denies leave to file a successive petition, it shall not review
the merits of the claims raised and may summarily deny a successive petition without a
hearing.
new text end
new text begin
If the court grants leave to file a successive petition, the state may file an answer in
accordance with section 590.03.
new text end
Sec. 2.
Minnesota Statutes 2016, section 590.01, subdivision 4, is amended to read:
Subd. 4.
Time limit.
(a) No petition for postconviction relief may be filed more than
two years after the later of:
(1) the entry of judgment of conviction or sentencenew text begin , or the date adjudication was stayed,new text end
if no direct appeal is filed; or
(2) an appellate court's disposition of petitioner's direct appeal.
(b) Notwithstanding paragraph (a), a court may hear a petition for postconviction relief
if:
(1) the petitioner establishes that a physical disability or mental disease precluded a
timely assertion of the claim;
(2) new text begin for convictions resulting from trial, new text end the petitioner alleges the existence of newly
discovered evidence, including scientific evidence, that could not have been ascertained by
the exercise of due diligence by the petitioner or petitioner's attorney within the two-year
time period for filing a postconviction petition, and the evidence is not cumulative to evidence
presented at trial, is not for impeachment purposes, and establishes by a clear and convincing
standard that the petitioner is innocent of the offense or offenses for which the petitioner
was convicted;
(3) the petitioner asserts a new interpretation of federal or state constitutional or statutory
law by either the United States Supreme Court or a Minnesota appellate court and the
petitioner establishes that this interpretation is retroactively applicable to the petitioner's
case;
(4) the petition is brought pursuant to subdivision 3; or
(5) the petitioner establishes to the satisfaction of the court that the petition is not frivolous
and is in the interests of justice.
(c) Any petition invoking an exception provided in paragraph (b) must be filed within
two years of the date the claim arises.
Sec. 3.
Minnesota Statutes 2016, section 590.02, subdivision 1, is amended to read:
Subdivision 1.
Petition.
new text begin (a) new text end The petition new text begin shall be new text end filed in the district court pursuant to
section 590.01 deleted text begin shalldeleted text end new text begin and shall contain the same caption as the original district court file for
the conviction, sentence, or disposition being challenged, except that it shall new text end be entitled in
the name of the petitioner versus the new text begin respondent new text end state of Minnesota deleted text begin anddeleted text end new text begin . The petitionnew text end shall
contain:
(1) a statement of the facts and the grounds upon which the petition is based and the
relief desired. All grounds for relief must be stated in the petition or any amendment thereof
unless they could not reasonably have been set forth therein. deleted text begin It shall not containdeleted text end Argument
or citation of authoritiesnew text begin shall not be included in the petition, but may be included in a
supporting memorandum of lawnew text end ;
(2) an identification of the proceedings in which the petitioner was convicted including
the date of the entry of judgment and sentence or other disposition complained of;
(3) an identification of any previous proceeding, together with the grounds therein
asserted taken on behalf of the petitioner to secure relief from the conviction and sentence
or other disposition;
(4) the name and address of any attorney representing the petitioner. deleted text begin In the event the
petitioner is without counsel, the court administrator shall forthwith transmit a copy of the
petition to the state public defender and shall advise the petitioner of such referral.
deleted text end
new text begin
(b) Statements of fact shall be asserted by notarized affidavit unless the petitioner
establishes that it is not reasonably possible to do so. Any affidavits necessary to establish
the petitioner's request for relief or the need for a hearing pursuant to section 590.04 shall
be attached to and filed with the petition.
new text end
new text begin
(c) Any claim by petitioner of ineffective assistance of counsel shall be deemed a waiver
of the attorney-client privilege as to protected communications relating to that claim.
new text end
new text begin
(d) No later than ten days after the date of filing the petition, the petitioner shall order
from the reporter all transcripts necessary for resolution of the claims in the petition if those
transcripts are not already in the district court file. The order for transcripts shall comply
with Minnesota Rules of Civil Appellate Procedure, Rule 110.02, subdivision 2, except that
the certificate as to transcript shall be filed with the district court administrator. To proceed
in forma pauperis, the petitioner shall follow the process in Minnesota Rules of Criminal
Procedure, Rule 28.02, subdivision 5.
new text end
Sec. 4.
Minnesota Statutes 2016, section 590.02, subdivision 3, is amended to read:
Subd. 3.
Filing.
deleted text begin Whendeleted text end new text begin (a)new text end A petition deleted text begin isdeleted text end filed pursuant to section 590.01 deleted text begin itdeleted text end shall be signed
by the petitioner or deleted text begin signed bydeleted text end the petitioner's attorney new text begin and shall be filed new text end with proof of service
on the deleted text begin attorney general and countydeleted text end new text begin prosecutingnew text end attorney. It shall be addressed to the district
court of the judicial district in the county where the conviction new text begin or stay of adjudication new text end took
place.new text begin The district court may decide matters raised in a petition only if the petitioner complies
with service and filing according to this section.
new text end
new text begin
(b) If the petitioner is not represented by counsel, the district court administrator shall
forward a copy of the petition to the state public defender and shall advise the petitioner of
the referral. The state public defender shall advise the court, petitioner, and prosecuting
attorney of the petitioner's eligibility for representation as provided in section 590.05.
new text end
deleted text begin In those cases in which the petitioner is represented by counsel or in which the petitioner
has filed a written waiver of right to counsel,deleted text end new text begin (c)new text end The new text begin district new text end court administrator deleted text begin of the
district courtdeleted text end shall immediately direct attention of the filing thereof to the chief judge or
judge acting in the chief judge's behalf who shall promptly assign the matter to a judge in
deleted text begin saiddeleted text end new text begin thenew text end district.
new text begin
(d) If the petitioner has not had a direct appeal or a prior review by postconviction
proceeding of the conviction, sentence, or disposition and elects to proceed without counsel,
the district court shall obtain from the petitioner a waiver of counsel that complies with
Minnesota Rules of Criminal Procedure, Rule 5.04, subdivision 1, before making a decision
on the petition.
new text end
Sec. 5.
Minnesota Statutes 2016, section 590.03, is amended to read:
590.03 PLEADINGS AND PRACTICE AFTER FILING A POSTCONVICTION
PETITION.
deleted text begin Within 20deleted text end new text begin No later than 60new text end days after the new text begin date of new text end filing deleted text begin ofdeleted text end the petition deleted text begin pursuant to section
590.01deleted text end or within deleted text begin suchdeleted text end new text begin any additional new text end time as the new text begin assigned new text end judge deleted text begin to whom the matter has
been assigneddeleted text end may fix, the deleted text begin countydeleted text end new text begin prosecutingnew text end attorneydeleted text begin , or the attorney generaldeleted text end , on behalf
of the state, shall respond to the petition by answer or motion which shall be filed with the
new text begin district new text end court administrator deleted text begin of district courtdeleted text end and served on the petitioner if unrepresented or
on the petitioner's attorney. No further pleadings are necessary except as the court may
order. deleted text begin The court maydeleted text end At any time prior to its decision on the merits new text begin the court may new text end permitnew text begin :new text end
deleted text begin adeleted text end withdrawal of the petitiondeleted text begin , may permitdeleted text end new text begin ; and new text end amendments deleted text begin thereto,deleted text end new text begin to the petitionnew text end and to
the answer. The court shall liberally construe the petition and any amendments deleted text begin theretodeleted text end new text begin to
the petitionnew text end and shall look to the substance deleted text begin thereofdeleted text end new text begin of the petitionnew text end and waive any irregularities
or defects in form.
Sec. 6.
Minnesota Statutes 2016, section 590.04, subdivision 1, is amended to read:
Subdivision 1.
Early hearing.
deleted text begin Unlessdeleted text end new text begin Ifnew text end the petition and the files and records deleted text begin of the
proceeding conclusively show that the petitioner is entitled to no reliefdeleted text end new text begin demonstrate that the
petitioner is entitled to a hearingnew text end , the court shall promptly set an early hearing on the petition
and response deleted text begin theretodeleted text end new text begin to the petitionnew text end , and promptly determine the issues, make findings of
fact and conclusions of law with respect deleted text begin theretodeleted text end new text begin to the petitionnew text end , and either deny the petition
or enter an order granting appropriate relief.
Sec. 7.
Minnesota Statutes 2016, section 590.04, is amended by adding a subdivision to
read:
new text begin Subd. 1a. new text end
new text begin Rules for hearing. new text end
new text begin
(a) Twenty-one days or more before the hearing, the
petitioner shall disclose to the respondent:
new text end
new text begin
(1) the name, address, and telephone number of any witness who may be called to testify,
along with any written or recorded statements, written summaries of oral statements, and
the substance of oral statements of the witness;
new text end
new text begin
(2) any document or tangible object to be relied upon at the hearing, to include at a
minimum exhibits or transcripts already in the district court records; and
new text end
new text begin
(3) reports of physical or mental examinations, scientific tests, experiments, or
comparisons made that will be offered at the hearing.
new text end
new text begin
(b) Seven days or more before the hearing, the respondent shall disclose to the petitioner
all matters listed in paragraph (a).
new text end
Sec. 8.
Minnesota Statutes 2016, section 590.04, subdivision 3, is amended to read:
Subd. 3.
Hearing.
The court may order the petitioner to be present at the hearing. If the
petitioner is represented by an attorney, the attorney shall be present at any hearing.
A verbatim record of any hearing shall be made and kept.
Unless otherwise ordered by the court, the burden of proof of the facts alleged in the
petition shall be upon the petitioner to establish the facts by a fair preponderance of the
evidence.
In the discretion of the court, it may receive evidence in the form of affidavit, deposition,
or oral testimony. The court may inquire into and decide any grounds for relief, even though
not raised by the petitioner.
deleted text begin
The court may summarily deny a second or successive petition for similar relief on
behalf of the same petitioner and may summarily deny a petition when the issues raised in
it have previously been decided by the Court of Appeals or the Supreme Court in the same
case.
deleted text end