2010-M-149             Detroit Davis, Jr., Appellant, vs. State of Minnesota, Respondent.

Detroit Davis, Jr., was convicted of first- and second-degree murder after he fatally shot Richard Allan and Pablo Morocho during the course of a robbery.  Davis testified at his trial.  He admitted shooting both victims but asserted that he acted in self-defense and without intent to kill.  This court affirmed Davis’s convictions on direct appeal.  Davis filed a petition for post-conviction relief, alleging that he was denied effective assistance of trial and appellate counsel.  The post-conviction court denied Davis’s petition without an evidentiary hearing, and he now appeals.  We affirm.

First, petitioner’s ineffective assistance of trial counsel claims do not merit

post-conviction relief.

Second, petitioner’s ineffective assistance of appellate counsel claims do not merit post-conviction relief.

 Third, post-conviction petitioner’s claims of prosecutorial misconduct and the inadmissibility of past-crimes evidence were decided on direct appeal and will not be reconsidered in post-conviction proceedings.

Fourth, the claim that petitioner was denied access to two pretrial hearings will not be decided because it was not raised in the post-conviction petition.

Fifth, petitioner was not entitled to an evidentiary hearing on his post-conviction claims.

Affirmed.

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

               Took no part:  Stras

[MURDER]