If you file an appeal, do it on time and show up with some evidence!

2015-M-302       Darryl Colbert, petitioner, Appellant, vs. State of Minnesota, Respondent.

Appellant Darryl Colbert was found guilty by a Hennepin County jury of the first-degree murder of Robert Mitchell in December 2003, and was sentenced to life imprisonment without the possibility of release.  We affirmed Colbert’s conviction.

In July 2014, Colbert filed his sixth post-conviction petition. The post-conviction court summarily denied the petition without an evidentiary hearing.  Because the record conclusively shows that Colbert’s claims are harmless beyond a reasonable doubt, procedurally barred, or meritless, we affirm. 

HELD:  1. Harmless error analysis applies to a claim that a government actor interfered with a defense witness’s decision to testify. 

 2. The post-conviction court did not abuse its discretion by summarily denying appellant’s witness intimidation claim because the alleged conduct was harmless beyond a reasonable doubt.

 3. The post-conviction court did not abuse its discretion by concluding that appellant’s juror-misconduct claim is procedurally barred under State v. Knaffla.

 4. The post-conviction court did not abuse its discretion by summarily denying appellant’s altered-exhibit claim because it lacks merit on its face.

 Affirmed.

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

[MURDER]

A14-2165,