2013-M-234             Brian Alexander Clifton, petitioner, Appellant, vs. State of Minnesota, Respondent.

Appellant Brian Alexander Clifton was convicted in September 2003 of premeditated first-degree murder for the shooting death of Steven Nix.  We affirmed Clifton’s conviction on direct appeal.  State v. Clifton, 701 N.W.2d 793, 801 (Minn. 2005).  In this case, Clifton appeals the denial of his petition for post-conviction relief. 

Because we conclude that the post-conviction court properly denied Clifton’s petition, we affirm.

1. Minnesota Statutes § 590.01, subd. 4(a) (2012), bars a post-conviction petition filed more than 2 years after an appellate court’s disposition of the petitioner’s direct appeal unless the petition satisfies one of the exceptions in Minn. Stat. § 590.01, subd. 4(b) (2012).

2. Appellant’s petition does not satisfy the newly discovered evidence exception in Minn. Stat. § 590.01, subd. 4(b)(2), and is therefore time barred.    Affirmed.

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

[MURDER]

A12-571,