You charged me $10 too much for a baggie of cocaine, so regretfully, you must die!
BACKGROUND: In 2004, Gail shot and killed Yvain Braziel during a cocaine deal in Minneapolis. Gail had promised to sell Braziel a certain amount of cocaine for $250. At the deal, they argued about the amount of cocaine which Gail had offered, and Gail murdered Braziel.
Following a trial, a jury found Gail guilty of first-degree murder while committing a felony involving the unlawful sale of a controlled substance, and the district court sentenced him to life imprisonment with the possibility of release after serving a minimum of 30 years in prison.
In 2006, the Supreme Court rejected Gail’s direct appeal. It upheld Gail’s conviction and sentence over seven claims by Gail.
In 2007, the Supreme Court rejected Gail’s first post-conviction appeal. It upheld Gail’s conviction and sentence over 13 claims by Gail.
In 2016, Gail filed this second first post-conviction appeal. The Supreme Court upheld Gail’s conviction and sentence.
HELD: The Supreme Court upheld Gail’s conviction and sentence. Gail’s three claims were either: 1) barred by the two-year deadline for such claims; 2) barred by the Knaffla doctrine which bars claims which were heard or should have been raised in earlier appeals; and/or 3) barred by a statute against claims that have been decided in the same case by the Court of Appeals or the Supreme Court.
Stras (Gildea, Anderson, Lillehaug, Hudson, Chutich, and McKeig)
[CRIME] [MURDER] [PREMEDITATED] [FIRST-DEGREE] [DRUGS]
Date: December 28, 2016
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