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2017-M-349            Larry Demetrius Pearson, Appellant, vs. State of Minnesota, Respondent.

BACKGROUND:  On April 22, 2006, Pearson waited for W.M. and Carodyl Merriman to sell him some drugs.  When W.M. got out of the driver’s seat, he told Pearson that the drugs were in the van.  Pearson then shot at an unwounded W.M. who fled.  Then Pearson fatally shot Merriman several times.

The Ramsey County jury found Pearson guilty of first-degree premeditated murder and unlawful possession of a firearm. The district court sentenced him to life in prison without the possibility of release for the first-degree premeditated murder conviction and, concurrently, to 60 months for the unlawful possession of a firearm conviction.

Pearson filed a direct appeal which the Supreme Court stayed a this request.

In 2009, the Supreme Court rejected his first post-conviction appeal.  Pearson argued, among other things, that his trial counsel was ineffective in her cross-examination of W.M.  The post-conviction court denied Pearson’s petition. In a consolidated appeal, we affirmed Pearson’s convictions and the denial of his first post-conviction petition.

In December 2014, Pearson filed this second petition for post-conviction relief in which he raised three primary claims. First, he alleged that newly discovered evidence existed in the form of an affidavit signed by J.B., who claimed he witnessed the shooting. Second, Pearson alleged that trial counsel was ineffective when she advised him to decline a plea offer for second-degree murder. Third, he alleged that he received ineffective assistance from the attorney who represented him in his first post-conviction proceeding. According to Pearson, post-conviction counsel was ineffective in (1) failing to call W.M. to establish a claim of ineffective assistance of trial counsel and (2) advising Pearson to withdraw a conflict of interest claim against his trial attorney.

The post-conviction court summarily denied Pearson’s claims of ineffective assistance of counsel and scheduled an evidentiary hearing on the claim of newly discovered evidence.  After the hearing, the post-conviction court denied Pearson’s request for a new trial on the basis of  newly-discovered evidence because the witness was dishonest, inconsistent, imprecise, and contradicted.

HELD:  The Supreme Court affirmed Pearson’s conviction and sentence.

Because the record supports the post-conviction court’s finding that the testimony of the newly discovered witness was doubtful, the court did not abuse its discretion when, following an evidentiary hearing, it denied appellant’s request for a new trial based on a claim of newly discovered evidence.  

Because appellant’s claim of ineffective assistance of trial counsel is procedurally barred by State v. Knaffla, 243 N.W.2d 737, 741 (Minn. 1976), the post-conviction court did not abuse its discretion when it summarily denied the claim.

Because appellant’s claims for ineffective assistance of post-conviction counsel fail under Strickland v. Washington, 466 U.S. 668, 687 (1984), the post-conviction court did not abuse its discretion when it summarily denied the claims. Affirmed.

Chutich (Gildea, Anderson, Stras, Lillehaug, Hudson, and McKeig)

Date: March 22, 2017

[CRIME] [MURDER] [FIRST-DEGREE] [PREMEDITATED] [DRUGS]

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Demographic Information**

MNDOC Offender ID:

209489

Name:

Larry Demetrius Pearson

Birth Date:

11/17/1983

Current Status:

Incarcerated as of 05/30/2007. Currently at MCF Oak Park Heights.

Sentence Date:

05/23/2007

Anticipated Release Date:

Life without Parole

Expiration Date:

Life

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