2013-M-255            John Miles, petitioner, Appellant, vs. State of Minnesota, Respondent

John Miles was convicted and sentenced to life in prison for the first-degree murder of Tyrone Harrell.  We affirmed Miles’s conviction on direct appeal.  State v. Miles (Miles I), 585 N.W.2d 368 (Minn. 1998).  This case comes to us on appeal from the post-conviction court’s denial of Miles’s fourth petition for post-conviction relief.  Because we conclude that the post-conviction court did not abuse its discretion in denying Miles relief, we affirm.

1. The post-conviction court did not abuse its discretion in concluding that Miles was not entitled to a new trial based on newly discovered evidence.

2. The post-conviction court did not abuse its discretion by not considering evidence submitted after the evidentiary hearing.

3. The post-conviction court did not abuse its discretion in concluding that Miles was not entitled to a new trial in the interests of justice.

 Affirmed.

Gildea (Page, Anderson, Dietzen, Stras, Wright, and Lillehaug)

[MURDER]

A13-262,