2011-M-171             Adrian Dominic Riley, a/k/a Amiri Abdul Rasheed-El, Appellant, vs. State of Minnesota, Respondent.

The post-conviction court did not err when it denied petitioner’s petition for post-conviction relief without a hearing because the interests of justice do not require that petitioner’s untimely petition be considered when the petitioner did not articulate a reason for failing to bring his petition within the two-year time limit of Minn. Stat. § 590.01, subd. 4(a) (2010) and petitioner’s claims were frivolous.  Affirmed.

Adrian Dominic Riley was convicted of the first-degree murder of Troy Tholkes, James M. Walters, and Treesa Woods.  We affirmed Riley’s convictions on direct appeal in 1997.  In 2009, Riley filed a petition for post-conviction relief and the post-conviction court denied the petition without a hearing.  Riley now appeals the denial of his petition, arguing that he is entitled to post-conviction relief because:  1) the jury instruction stating that the jury could convict on both first-degree murder and second-degree murder was erroneous; 2) the jury verdicts were inconsistent; 3) the indictment violated the Double Jeopardy Clause of the United States Constitution, res judicata, collateral estoppel, and Minn. Stat. § 609.04, subd. 1 (2010); and 4) polling the jury was a violation of Minn. R. Evid. 606(b).  We affirm.

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

[MURDER]