2013-M-223             LaMonte Rydell Martin, petitioner, Appellant, vs. State of Minnesota, Respondent.

Appellant LaMonte Rydell Martin was found guilty by a Hennepin County jury of aiding and abetting first-degree premeditated murder, Minn. Stat. § 609.185(a)(1) (2012), and committing a crime for the benefit of a gang, Minn. Stat. § 609.229, subd. 2 (2012), arising out of the shooting death of Christopher Lynch on May 3, 2006.  The district court entered judgment of conviction on the first-degree premeditated murder charge and sentenced Martin to life in prison without the possibility of release.

We affirmed Martin’s conviction on direct appeal.  State v. Martin, 773 N.W.2d 89 (Minn. 2009). 

Martin filed a petition for post-conviction relief on August 2, 2011, which the post-conviction court summarily denied.  Because we conclude that Martin was entitled to an evidentiary hearing on his claim of witness recantation, but not on his remaining post-conviction claims, we affirm in part, reverse in part, and remand.

1.  The post-conviction court abused its discretion when it denied appellant’s request for an evidentiary hearing on his claim of witness recantation. 

2. The post-conviction court did not abuse its discretion when it concluded that appellate counsel’s conduct did not fall below an objective standard of reasonableness.

3. The post-conviction court did not abuse its discretion when it concluded that appellant’s remaining claims were Knaffla-barred.

Affirmed in part, reversed in part, and remanded.

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

               Took no part:  Wright

[MURDER]

A12-89,