2010-M-170             Ronald Lindsey Reed, Appellant, vs. State of Minnesota, Respondent.

Ronald Lindsey Reed was convicted of conspiracy and aiding and abetting the murder of a police officer in the assassination of St. Paul officer James Sackett.  On direct appeal, we affirmed Reed’s convictions in2007.  Reed then sought post-conviction relief, asserting that the district court violated his constitutional right to self-representation, the statute of limitations barred his prosecution, trial and appellate counsel provided ineffective assistance, and a new trial was required because a witness recanted her testimony.  The post-conviction court denied Reed’s petition without a hearing.  We affirm. 

First, appellant’s claim that he was denied his constitutional right to self-representation is barred by Knaffla because appellant argued the same issue on direct appeal.

Second, the affirmative defense that the statute of limitations bars prosecution of a specific offense is a claim-processing rule, which is subject to waiver.

Third, there is no distinction between liability as a principal and liability for aiding and abetting for the purpose of calculating the limitations period under a statute of limitations.

Fourth, the post-conviction court did not commit reversible error when it denied appellant’s ineffective assistance of trial and appellate counsel claims.

Fifth, the post-conviction court did not commit reversible error when it denied appellant’s recanted-testimony claim.

              

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

               Took no part:  Stras

               [MURDER]