2008-M-082             Theodore Sherman Ashby, petitioner, Appellant, vs. State of Minnesota, Respondent.

In May 1996, Theodore Sherman Ashby was convicted of first-degree murder in connection with the September 1995 shooting death of Leslie Wayne Bryant and is currently serving a sentence of life in prison.  On direct appeal, we affirmed Ashby’s conviction.  Ashby filed a petition for post-conviction relief.  The post-conviction court determined that Ashby’s claims were procedurally barred and denied the petition without an evidentiary hearing.   We affirm.

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.

Page (Magnuson, Paul Anderson,  Meyer, Barry Anderson, Gildea, and Dietzen)

[MURDER}