2011-M-190             John Miles, petitioner, Appellant, vs. State of Minnesota, Respondent.

This order makes a minor change in the order from case 2011-081.

IT IS HEREBY ORDERED THAT:

1. The last sentence of the first paragraph on page 10 of the slip opinion filed August 3, 2011, is modified to read as follows: “Gassler and Scott demonstrate that unless the newly discovered evidence would on its face prove the petitioner’s innocence by a clear and convincing standard, the petitioner has not met the requirements of Minn. Stat. § 590.01, subd. 4(b)(2).”  

 2. The modified sentence previously read: “Gassler and Scott demonstrate that where it is clear that even if the newly discovered evidence, taken at face value, would not prove the petitioner’s innocence by a clear and convincing standard, the petitioner has not met the requirements of Minn. Stat. § 590.01, subd. 4(b)(2).”

 3. The attached slip opinion, modified as stated above, shall be substituted for the opinion filed August 3, 2011.

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

[MURDER]