2010-M-169             Milton K. Sanders, petitioner, Appellant, vs. State of Minnesota, Respondent.

Sanders was indicted by a grand jury on one count of first-degree murder and two counts of attempted first-degree murder. 

At trial, the State presented evidence that included (1) Sanders‟ fingerprints on a black plastic garbage bag containing the murder weapon; (2) testimony of witnesses who observed Sanders preparing for the crime; (3) testimony of witnesses who heard Sanders or his accomplice state, before the crime, “we‟re going to go handle our business”; (4) testimony of eyewitnesses who saw the shooting; (5) testimony of eyewitnesses who saw Sanders leave the scene of the crime with the weapon wrapped in a black plastic garbage bag; (6) testimony of a witness who heard Sanders bragging that “he just killed somebody and he needed to finish somebody off”; (7) testimony of a witness who drove Sanders to retrieve the murder weapon; and (8) testimony by a sheriff’s deputy who heard Sanders “brag to another inmate that he had „shot the bitch point blank.‟ ”  Sanders I, 598 N.W.2d at 655-56. 

The jury found Sanders guilty of all three counts.  Id. at 654.  The trial court entered convictions on all three counts on June 5, 1998, and sentenced Sanders to life and two consecutive 180month sentences.  

Here, Sanders filed a second petition for post-conviction relief on March 5, 2010.  Sanders alleged that (1) he received ineffective assistance of trial counsel; (2) the trial court abused its discretion by denying Sanders‟ third and fourth continuance motions; (3) there was insufficient evidence to support the convictions; (4) the trial court erroneously instructed the jury on the theory of aiding and abetting and transferred intent; (5) the trial court erred by allowing “non-self-inculpatory” witness statements; and (6) the court’sprior application of Knaffla to deny Sanders post-conviction relief violated Sanders‟ due process rights. 

Sanders also made cursory references, without explanation, to judicial bias, systemic racial discrimination, and improper prosecutorial interaction with witnesses.  The State responded that Sanders‟ claims were either time-barred or barred by Knaffla.  The post-conviction court denied Sanders‟ second petition for post-conviction relief on the basis that it was time-barred by Minn. Stat. § 590.01, subd. 4 (2008), and did not meet any of the statutory exceptions.  Sanders appealed the denial of his second post-conviction petition directly to this court.

HELD:  The post-conviction court did not abuse its discretion when it denied Sanders‟ post-conviction petition without a hearing because Sanders filed his petition after the time-bar under Minn. Stat. § 590.01, subd. 4 (2008), and none of the exceptions to the time-bar apply.

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

               [MURDER]