2010-M-140             Jermaine Ferguson, petitioner, Appellant, vs. State of Minnesota, Respondent.

On December 1, 2005, Ferguson was convicted of first-degree murder and attempted first-degree murder for his role in the shooting that caused the death of Joseph Papasodora and injuries to Gordon Hill and Ernest Houle.  .

 Ferguson brought a direct appeal but later moved for a stay and remand for post-conviction proceedings, which we granted.  The post-conviction court denied Ferguson’s post-conviction petition, Ferguson appealed, and the direct appeal and the post-conviction appeal were consolidated.  On appeal, we affirmed Ferguson’s conviction and the post-conviction court’s denial of post-conviction relief.  

Ferguson brought a second petition for post-conviction relief on June 10, 2009.  The post-conviction court denied the petition without granting an evidentiary hearing and Ferguson appealed.  Because we hold that the court should have conducted an evidentiary hearing, we reverse.

Because a credibility determination was necessary to determine whether the petitioner was entitled to post-conviction relief, the post-conviction court abused its discretion by failing to hold an evidentiary hearing.   Reversed and remanded.

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

[MURDER]