2008-M-089   Karon Allen Whittaker, petitioner, Appellant, vs. State of Minnesota, Respondent.

Appellant Karon Allen Whittaker, currently serving a life sentence for first-degree murder, has filed a petition for post-conviction relief in which he asserts that newly-discovered evidence requires that he receive a new trial.  The district court denied Whittaker's petition without an evidentiary hearing, and we affirm.

Post-conviction petitioner was not entitled to an evidentiary hearing or a new trial, because the evidence offered in support of his petition was not unknown at the time of his trial, as required under Rainer v. State,

Meyer (Magnuson, Paul Anderson, Barry Anders, on, Gildea, and Dietzen)

               Took no part:  Page

[MURDER}