2010-M-142             Kevin Terrance Hannon, Petitioner, vs. State of Minnesota, Respondent.

A Kanabec County jury found Kevin Terrance Hannon guilty of first-degree premeditated murder for the death of Deborah Tolhurst in 1999.  The Kanabec County district court then convicted Hannon of that offense and sentenced him to life without the possibility of parole.  On direct appeal, we reversed Hannon’s conviction on the ground that the court erred when it admitted incriminating statements made by Hannon to the police after Hannon requested an attorney.  State v. Hannon (Hannon I), 636 N.W.2d 796, 799, 807 (Minn. 2001).  When retried, Hannon was again found guilty and convicted of first-degree murder.  State v. Hannon (Hannon II), 703 N.W.2d 498, 504 (Minn. 2005).  On direct appeal from this second conviction, we affirmed.  Id.  Hannon filed his first petition for post-conviction relief in 2006.  The post-conviction court held a hearing but concluded that all the claims raised in Hannon's petition were either meritless or procedurally barred and denied the petition.  Hannon appealed the denial of post-conviction relief, and we affirmed.  Hannon v. State (Hannon III), 752 N.W.2d 518, 520 (Minn. 2008). 

The case before us is Hannon’s appeal from the denial of his second petition for post-conviction relief.  We affirm       

Petitioner’s second petition for post-conviction relief is time-barred under Minn. Stat. § 590.01, subd. 4 (2008); therefore the post-conviction court did not abuse its discretion when it denied the petition without a hearing.  

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

               [MURDER]