2013-M-232             Michael Calvin Francis, petitioner, Appellant, vs. State of Minnesota, Respondent.

Michael Calvin Francis seeks post-conviction relief from his convictions arising from the shooting of M.P. and the death of P.R. 

The post-conviction court summarily denied Francis’s petition on the ground that the petition is time barred under Minn. Stat. § 590.01, subd. 4(a) (2012), because Francis failed to satisfy the newly-discoveredevidence exception in Minn. Stat. § 590.01, subd. 4(b)(2) (2012).  Alternatively, the

district court denied the petition as barred under State v. Knaffla, 309 Minn. 246, 252, 243 N.W.2d 737, 741 (1976). 

We affirm because the petition is time barred under Minn. Stat. § 590.01, subd. 4(a)(2), and it fails to satisfy an exception to the two-year limitations period for filing a post-conviction petition.

Petitioner’s untimely petition for post-conviction relief was properly denied when it did not satisfy the requirements of the exception under Minn. Stat. § 590.01, subd. 4(b)(5) (2012), to the two-year time limit for filing a petition. 

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

[MURDER]

A12-1225,