2010-M-143             Michael Calvin Francis, petitioner, Appellant, vs. State of Minnesota, Respondent.

After a jury trial, appellant Michael Calvin Francis was convicted of attempted first-degree premeditated murder for the shooting of Marvin Pate and of first-degree premeditated murder for the shooting death of Pamela Ragland.  Francis filed a direct appeal, which was stayed so he could pursue a petition for post-conviction relief.  The post-conviction court denied the petition for post-conviction relief.  We affirmed the convictions and the denial of the first post-conviction petition in a consolidated appeal. State v. Francis (Francis I), 729 N.W.2d 584, 588 (Minn. 2007).  Francis filed a second post-conviction petition alleging ineffective assistance of trial counsel.  The post-conviction court summarily denied Francis’ second petition for post-conviction relief.  Because we conclude that Francis’ claims are procedurally barred, we affirm.

First, when a defendant waives the right to an attorney on appeal and proceeds pro se, the defendant is barred from later claiming that the first appeal was not meaningful because he did not receive the benefit of appellate counsel.

Second, the district court did not abuse its discretion in concluding that the claims raised in defendant’s second petition for post-conviction relief were procedurally barred because they were raised in defendant’s direct appeal and first petition for post-conviction relief.

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

               [MURDER]