2010-M-160             Harry Jerome Evans, petitioner, Appellant, vs. State of Minnesota, Respondent

This case arises from the shooting death of St. Paul Police Sergeant Gerald Vick.  The facts underlying Evans‟ conviction are set forth in our opinion on Evans’ direct appeal, and are recited here only as necessary to the resolution of the claims Evans raises in this appeal.

Following a jury trial, appellant Harry Jerome Evans was found guilty and convicted of first-degree murder of a peace officer.  The district court sentenced him to life in prison without the

possibility of release.  See Minn. Stat. § 609.106, subd. 2(1) (2008).  We affirmed Evans‟

conviction in 2008 following a remand to the district court to develop a record on potential juror bias.  State v. Evans, 756 N.W.2d 854, 881 (Minn. 2008).  In August 2009 Evans filed a pro se petition for post-conviction relief in Ramsey County and the post-conviction court denied the petition.  Evans now appeals the denial of his petition.  We affirm. 

First, petitioner’sclaims of ineffective assistance of trial counsel are barred by State v. Knaffla, 309 Minn. 246, 243 N.W.2d 737 (1976). 

Second, petitioner’sappellate counsel was not ineffective. 

Third, petitioner is not entitled to a new trial or an evidentiary hearing based on recanted testimony because he failed to demonstrate under the second prong of Larrison v. United States, 24 F.2d 82 (7th Cir. 1928), that the jury might have reached a different conclusion absent the trial testimony of a recanting witness.  

Fourth, petitioner is not entitled to a new trial or an evidentiary hearing based on newly discovered evidence under Rainer v. State, 566 N.W.2d 692 (Minn. 1997), because the evidence was known to him at the time of his trial. 

Fifth, any error in denying petitioner’s motion to compel discovery of a hearsay statement to a police officer was harmless. 

 Affirmed.

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

               Dissent:  Stras

               [MURDER]