2008-M-067             Gary Lee Cooper, Appellant, vs. State of Minnesota, Respondent.

A Hennepin County jury found Gary Lee Cooper guilty of first-degree murder for the death of Gregory Peterson.  Cooper was convicted and sentenced to life in prison.  Cooper filed a direct appeal, which we affirmed, and two post-conviction petitions in district court, which the district court denied.  Cooper now appeals from a summary denial of his third post-conviction petition, arguing that (1) the state engaged in prosecutorial misconduct in its opening statement; (2) the trial judge erred in communicating with the jury outside the presence of counsel and Cooper; and (3) both Cooper‟s trial and appellate counsel were ineffective.   Because the petitioner did file or could have filed all ofhis current appeals on this current petition for post-convictions relief during his earlier appeals, the Court rejected this petition under the precedent of Knaffla.

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

               Took no part:  Dietzen

[MURDER}