2007-M-060                Guy James Hathaway, petitioner, Appellant, vs. State of Minnesota, Respondent.

Hathaway was convicted of first-degree murder of a police officer while robbing a hospital pharmacy.  His conviction was upheld on direct appeal and his first post-conviction appeal.  Here, his second post-conviction appeal was denied by the Court of Appeals without hearing.  The Court affirmed that decision because the record conclusively showed that petitioner was not entitled to relief. 

Further, the post=conviction court did not err by denying petitioner’s request for appointed counsel, as neither the state constitution nor statute require appointment of counsel on second post-conviction review when petitioner has been represented by counsel on direct appeal.

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

DATE OF DECISION:  December 6, 2007

RECORD NUMBER:  2007-156

FULL OPINION: 

DESCRIPTION:  [MURDER] 

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