2012-M-205           Alexander Jerome Miller, Appellant, vs. State of Minnesota, Respondent.

MAJORITY:  Appellant Alexander Miller pleaded guilty to intentional second-degree murder of Crystal Marie Lindorff by an Alford plea on March 11, 2005.  Miller’s conviction was not reviewed on direct appeal. 

But, on May 11, 2009, Miller filed this petition for post-conviction relief.  The post-conviction court denied Miller’s petition, concluding that it was untimely and meritless. 

The court of appeals affirmed the dismissal.  We granted Miller’s petition for review.  Because we conclude that the post-conviction court properly dismissed Miller’s untimely petition, we affirm.

HELD:  First, the 2-year time limit in Minn. Stat. § 590.01, subd. 4(c) (2010), applies to all of the exceptions listed in Minn. Stat. § 590.01, subd. 4(b) (2010).

Second, the Legislature did not unconstitutionally usurp a judicial function when it added time limits to the post-conviction relief statute, and application of the time limit did not violate appellant’s due process rights under the Minnesota Constitution.

DISSENT:  Justice Page opined: “For the reasons set forth in my dissent in Carlton v. State, ___ N.W.2d ___, A10-2061, slip op. at D-1 (Minn. July 18, 2012), and my dissent in Sanchez v. State, ___ N.W.2d ___, A09-2195, slip op. at D-1 (Minn. July 18, 2012), I respectfully dissent.

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

               Dissent:  Page

[MURDER]