2008-M-080         Moises Vidal Robledo-Kinney, petitioner, Appellant, vs. State of Minnesota, Respondent. 198468.

In 1999, a Ramsey County jury found Moises Vidal Robledo-Kinney guilty of first-degree murder; second-degree murder; second-degree unintentional murder; and kidnapping.  The Ramsey County District Court convicted Kinney of first degree murder and sentenced him to life imprisonment.  We affirmed his conviction on direct appeal.  Kinney subsequently petitioned for post-conviction relief, which the post-conviction court denied.  We affirmed.  Kinney filed two additional post-conviction petitions, which were both denied by the post-conviction court.  In 2007, Kinney filed the current post-conviction petition.  The post-conviction court in this matter denied relief, concluding-g that Kinney waived his claims by not arguing them on direct appeal.  Kinney now appeals to our court

Because the petitioner did file or could have filed all of his 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  (Page, Meyer, Barry Anderson, Gildea, and Dietzen)

            Took no part:  Magnuson

[MURDER}