Wayne v. State, 601 N.W.2d 440 (Minn. 1999). · Go Syfert
Wayne v. State, 601 N.W.2d 440 (Minn. 1999). Cases Citing This Book View Copy Cite
27 citation events (27 in the last 25 years) across 2 distinct courts.
Treatment trajectory · 2003 → 2026 · click a year to view as-of
2003 2014 2026
Top citers, strongest first. 15 distinct citers. How cited ↗
discussed Cited as authority (rule) Michael Wayne v. State of Minnesota
Minn. · 2015 · confidence medium
See Wayne v. State (Wayne II), 498 N.W.2d 446, 448 (Minn.1993); Wayne v. State (Wayne III), 601 N.W.2d 440, 442 (Minn.1999); Wayne v. State (Wayne IV), 747 N.W.2d 564, 566 (Minn.2008); Wayne v. State (Wayne V), 832 N.W.2d 831, 834 (Minn.2013); Wayne v. State (Wayne VI), 860 N.W.2d 702, 706 (Minn.2015); Wayne v. State (Wayne VII), 866 N.W.2d 917, 920-21 (Minn.2015).
cited Cited as authority (rule) Edbert Neal Williams v. State of Minnesota
Minn. · 2015 · confidence medium
We have long held that the Knaffla rule bars any claims that were, or could have been, raised in a prior post-conviction petition. 2 See Wayne v. State, 601 N.W.2d 440, 441 (Minn.1999).
discussed Cited as authority (rule) Michael Wayne v. State of Minnesota
Minn. · 2015 · confidence medium
Wayne v. State (Wayne II), 498 N.W.2d 446, 448 (Minn.1993); Wayne v. State (Wayne III), 601 N.W.2d 440, 442 (Minn.1999); Wayne v. State (Wayne IV), 747 N.W.2d 564, 566 (Minn.2008); Wayne v. State (Wayne V), 832 N.W.2d 831, 834 (Minn.2013); Wayne v. State (Wayne VI), 860 N.W.2d 702, 706 (Minn.2015).
cited Cited as authority (rule) Terelle Eugene Shaw v. State of Minnesota
Minn. Ct. App. · 2014 · confidence medium
Wayne v. State, 601 N.W.2d 440, 441 (Minn. 1999).
discussed Cited as authority (rule) Terence Jerome Wilson v. State of Minnesota
Minn. Ct. App. · 2014 · confidence medium
Wayne v. State, 601 N.W.2d 440, 441 (Minn. 1999) (holding that claims which could have been raised in previous postconviction petitions were barred under the Knaffla rule despite the petitioner having never filed a direct appeal).
cited Cited as authority (rule) Maurice Level Ward, Sr. v. State of Minnesota
Minn. Ct. App. · 2014 · confidence medium
Wayne v. State, 601 N.W.2d 440, 441 (Minn. 1999).
cited Cited as authority (rule) Quick v. State
Minn. · 2008 · confidence medium
This rule also precludes consideration of “claims which appellant raised or knew of and could have raised in earlier review.” Wayne v. State, 601 N.W.2d 440, 441 (Minn.1999).
cited Cited as authority (rule) Brown v. State
Minn. · 2008 · confidence medium
Wayne v. State, 601 N.W.2d 440, 441 (Minn.1999).
discussed Cited as authority (rule) Hathaway v. State
Minn. · 2007 · confidence medium
Wayne v. State, 601 N.W.2d 440, 441 (Minn.1999). 2 A. Illiteracy at Time of Trial and First Postconviction Review Hathaway first asserts that, because he was illiterate at the time of his trial and first postconviction petition, he was unable to assist in his own defense.
cited Cited as authority (rule) Jihad v. State
Minn. · 2006 · confidence medium
See Jones v. State, 671 N.W.2d 743, 746 (Minn.2003); Wayne v. State, 601 N.W.2d 440, 441 (Minn.1999).
discussed Cited as authority (rule) Washington v. State
Minn. · 2004 · confidence medium
In a successive petition for postconviction relief, "we will not consider claims which appellant raised or knew of and could have raised in earlier review." [1] Wayne v. State, 601 N.W.2d 440, 441 (Minn.1999) (citing Knaffla, 309 Minn. at 252 , 243 N.W.2d at 741 (1976)).
discussed Cited as authority (rule) Washington v. State
Minn. · 2004 · confidence medium
In a successive petition for postconviction relief, “we will not consider claims which appellant raised or knew of and could have raised in earlier review.” 1 Wayne v. State, 601 N.W.2d 440, 441 (Minn.1999) (citing Knaffla, 309 Minn. at 252 , 243 N.W.2d at 741 (1976)).
discussed Cited "see" Wayne v. State (2×)
Minn. · 2018 · signal: see · confidence high
See 601 N.W.2d at 441 -42 .
cited Cited "see" Hooper v. State
Minn. · 2013 · signal: see · confidence high
See Wayne v. State, 601 N.W.2d 440, 441 (Minn.1999).
discussed Cited "see" Wayne v. State
Minn. · 2013 · signal: see · confidence high
See 601 N.W.2d at 441-42 (discussing Wayne’s request for DNA testing of bloodstained clothing relied on by the prosecutor at trial).
Retrieving the full opinion text from the archive…
Michael WAYNE, Appellant,
v.
STATE of Minnesota, Respondent
CX-99-231.
Supreme Court of Minnesota.
Oct 21, 1999.
601 N.W.2d 440
Michael Wayne, pro se., Larry M. Collins, Waseca County Attorney, Waseca, Mike Hatch, Atty. Gen., Paul R. Kempainen, Asst. Atty. Gen., St. Paul, for respondent.
Stringer.
Cited by 17 opinions  |  Published

. OPINION

STRINGER, Justice.

On March 7, 1987 Michael Wayne, appellant, was convicted by the Waseca County District Court of first- and second-degree murder pursuant to Minn.Stat. §§ 609.185 and 609.19 for the death of Mona Armendariz. Appellant filed this third petition for postconviction relief on September 3, 1998, raising five issues including a request for DNA testing of blood-stained clothing relied on by the prosecutor at trial. The postconviction court ordered DNA testing and as the results were consistent with those earlier obtained by electrophoretic typing and the petition raised no other issue entitling appellant to a hearing, postconviction relief was denied. We affirm.

In addition to the issue relating to DNA testing, appellant addressed four other claims in his petition involving an affidavit implicating Wade Abraham in the murder, a knife found by the police near the crime scene, improper jury selection and eompo-sition, and insufficient evidence to support the conviction.

We have twice before reviewed petitions for postconviction relief filed by appellant. In State v. Fenney, [1] we held, inter alia, that sufficient evidence supported the jury verdict, that the postconviction court did not abuse its discretion in denying a new trial based on new evidence and that the electrophoretic typing of blood stains was admissible evidence. 448 N.W.2d 54, 61-2 (Minn.1989). Later in Wayne v. State we concluded that a statement implicating third parties in the murder did not constitute newly discovered evidence entitling appellant to a new trial because it was not material and would not change the outcome of the trial. [2] 498 N.W.2d 446, 447-48 (Minn.1993).

In this third petition for postconviction relief we will not consider claims which appellant raised or knew of and could have raised in earlier review. See State v. Knaffla, 309 Minn. 246, 252, 243 N.W.2d 737, 741 (1976); Dent v. State, 441 N.W.2d 497, 499 (Minn.1989). Appellant raised the sufficiency of the evidence claim in his first petition and he addressed similar allegations against Wade Abraham in both his second petition and his 1987 post-trial motion. See Wayne, 498 N.W.2d at 447-48; Fenney, 448 N.W.2d at 61. .Further, appellant raised the issue relating to the knife found by the police in his 1987 post-trial motion and obviously knew of it at the time of his earlier postconviction petitions. Appellant likewise could have raised the claim relating to jury selection and composition in a previous petition and has offered no explanation for his failure to do so. Thus, these four claims are procedurally barred under our ruling in Knajfla. As to the DNA testing, it only constitutes new evidence from the standpoint that it[*442] further confirms appellant’s guilt and thus it does not entitle appellant to relief. See State v. Rainer, 502 N.W.2d 784, 789-90 (Minn.1993).

We hold that the postconviction court did not abuse its discretion in denying appellant’s request for postconviction relief.

Affirmed.

1

. Appellant changed his name from Michael Wayne Fenney to Michael Wayne.

2

. Appellant also filed a petition for a writ of habeas corpus in federal district court. The district court denied his petition and the Eighth Circuit Court of Appeals affirmed, con-eluding that appellant was not denied due process as evidence relating to the knife found by the police and allegations against third parties did not undermine confidence in his trial. See Wayne v. Benson, 89 F.3d 530, 534-35 (8th Cir.1996).