2008-M-083             Kevin T. Hannon, petitioner, Appellant, vs. State of Minnesota, Respondent.

Appellant Kevin Hannon was found guilty and convicted of first-degree murder in 2000 in connection with the 1999 death of Deborah Tolhurst.  On direct appeal in 2001, we held that the trial court’s admission of statements Hannon made during police questioning after an unequivocal request for an attorney required that his conviction be reversed and that he be given a new trial.

 At Hannon’s retrial, he was again found guilty and convicted of first-degree murder.  On direct appeal, we affirmed the conviction. 

In December 2006, Hannon filed a petition for post-conviction relief alleging: (1) his indictment was insufficient because it was based on recanted testimony and subsequently suppressed statements; (2) infringement of his right to testify; (3) bias on the part of the trial judge, (4) ineffective assistance of counsel; (5) prosecutorial misconduct; (6) exclusion of alternative perpetrator evidence; and (7) admission of prior testimony of an unavailable witness.   

The post-conviction court held a hearing limited to Hannon’s claim that he was denied the right to testify at his second trial.  After the hearing, the court concluded that all the claims raised in Hannon's petition were either meritless or procedurally barred and denied the petition.  In addition to appealing the denial of each of the claims raised in his petition, Hannon also asks that we grant him post-conviction relief based on a new allegation that his trial counsel did not consult him before rejecting a plea offer made by the State during his second trial.  We affirm.

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

Took no part:  Magnuson

[MURDER}