2011-M-188             Lawrence James Montanaro, petitioner, Appellant, vs. State of Minnesota, Respondent.

In this first-degree murder case, appellant Lawrence James Montanaro appeals from an order denying his petition for post-conviction relief.  The petition, which Montanaro filed after the statute of limitations for filing a post-conviction petition expired, alleged that Montanaro was entitled to a new trial because the trial court’s self-defense jury instruction and the prosecutor’s closing argument contained plain errors that affected his substantial rights. 

Montanaro’s appeal presents two issues.  First, whether Montanaro established that his petition fell within an exception to the post-conviction statute of limitations.  Second, whether the post-conviction court abused its discretion when it denied Montanaro’s request for a new trial based on the court’s conclusion that the alleged errors did not satisfy the third prong of the plain error test because the errors did not affect Montanaro’s substantial rights.  Because we conclude that the alleged errors did not affect Montanaro’s substantial rights, we affirm the post-conviction court’s denial of Montanaro’s petition, without deciding whether Montanaro established an exception to the statute of limitations for filing a post-conviction petition.

HELD: “Because neither the trial court’s jury instruction on self-defense nor the statements by the prosecutor that Montanaro contends constituted prosecutorial misconduct affected Montanaro’s substantial rights, we affirm Montanaro’s convictions in all respects.”

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

[MURDER]