2011-M-182             John Miles, petitioner, Appellant, vs. State of Minnesota, Respondent. [AS AMENDED BY ORDER DATED September 26, 2011]

John Miles was convicted of the first-degree murder of Tyrone Harrell.  We affirmed Miles’s conviction on direct appeal in 1998.  In 2010, Miles filed a petition for post-conviction relief, and the post-conviction court denied the petition without a hearing.  Miles appeals the summary denial of his petition, arguing that he is entitled to post-conviction relief based on newly discovered evidence.  We affirm without prejudice to the filing of a new petition.

HELD:  Post-conviction court did not err when it denied a petition for post-conviction relief without a hearing when the petitioner’s alleged newly discovered evidence, which consisted of an unsworn, unnotarized statement, did not satisfy any exception to the Minn. Stat. § 590.01, subd. 4 (2010), time-bar provision.

NOTE:  This opinion was modified slightly in opinion2011-109 on September 28, 2011.

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

[MURDER]