2010-M-133             Kou Moua, Appellant, vs. State of Minnesota, Respondent.

Because Moua’s third petition for post-conviction relief was filed outside the two-year statutory limitation period of Minn. Stat. § 590.01, subd. 4(a)(2) (2008), and none of the exceptions to the limitation period apply, the petition was properly dismissed.

Kou Moua was convicted of first-degree premeditated murder after he shot and killed Va Meng Yang.  We affirmed Moua’s conviction on direct appeal.  State v. Moua, 678 N.W.2d 29, 42 (Minn. 2004).  The case is before us now on Moua’s appeal from the denial of his third petition for post-conviction relief.  We affirm.

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

               [MURDER]