2013-M-228             William Jeffrey McDonough, petitioner, Appellant, vs. State of Minnesota, Respondent.

This is an appeal from the post-conviction court’s denial of appellant William Jeffrey McDonough’s fifth petition for post-conviction relief. 

On direct appeal, we affirmed his convictions for the first-degree murder of Reginald Rodgers and the attempted first-degree murder of Steven Crenshaw.  State v. McDonough, 631 N.W.2d 373, 379 (Minn. 2001).  McDonough subsequently filed four separate petitions for post-conviction relief, each of which was denied by the post-conviction court. 

Because the post-conviction court properly denied the fifth petition, as amended, we affirm.

1. The post-conviction court did not abuse its discretion in denying appellant’s claim of newly discovered evidence of false testimony because the record supports the court’s factual finding that the surviving victim did not testify falsely at trial.

2. The post-conviction court was not required to hold an evidentiary hearing regarding the facts alleged in the amended petition for relief because, even if the alleged facts were true, appellant was not entitled to any relief.

3. Appellant’s claim that the statute under which he was convicted is unconstitutional is barred by Minn. Stat. § 590.01, subd. 4(c) (2012).   Affirmed.

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

[MURDER]

A12-640,