2007-M-050                                    Thomas Daniel Rhodes, petitioner, Appellant, vs. State of Minnesota, Respondent.

A jury found Rhodes guilty of premeditated first-degree murder.   The district court judge sentenced Rhodes to life in prison/  The Court upheld the conviction on direct appeal in 2001.  The remanded the first post-conviction petition for an evidentiary hearing, then again upheld the convictions in 2003.

The Court here upheld the convictions a third time .  . In this petition, Rhodes argued that he was denied due process of law because his conviction was based on  supposition and conjecture as newly discovered evidence proves,  and he was denied effective assistance of counsel.  The Court held that the evidence was sufficient to support the conviction, the new evidence did not meet the four-part test for such supposed evidence, and counsel did not fail to be effective.

                    Gildea (Russell Anderson, Page, Paul Anderson, Hanson, Meyer, and Barry Anderson)

DATE OF DECISION:  July 19, 2007

RECORD NUMBER:  2007-097

FULL OPINION: 

DESCRIPTION:  [MURDER] 

##