Powers v. State, 731 N.W.2d 499 (Minn. 2007). · Go Syfert
Powers v. State, 731 N.W.2d 499 (Minn. 2007). Cases Citing This Book View Copy Cite
51 citation events (51 in the last 25 years) across 4 distinct courts.
Strongest positive: Keith Allen Halland v. State of Minnesota (minnctapp, 2014-12-22)
Treatment trajectory · 2008 → 2026 · click a year to view as-of
2008 2017 2026
Top citers, strongest first. 22 distinct citers. How cited ↗
examined Cited as authority (quoted) Keith Allen Halland v. State of Minnesota
Minn. Ct. App. · 2014 · signal: see also · quote attribution · 1 verbatim quote · confidence low
the district court's decision to treat the rule 27.03 motion as a postconviction petition finds support in the language of minn. stat. 590.01 , which is broad enough to encompass a motion pursuant to minn. r. crim. p. 27.03.
discussed Cited as authority (rule) Amen El v. Schnell
D. Minnesota · 2019 · confidence medium
(Id. at 778.) He sought relief based on “new evidence regarding the DNA testing done by the BCA,” argued that the Court of Appeals allows a new trial in such circumstances, and claimed an Equal Protection violation due to his “inability to collect DNA tests.” (Id.) The court denied relief, finding that his petition was barred by State v. Knaffla, 243 N.W.2d 737, 741 (Minn. 1976), and did not satisfy one of the exceptions set forth in Powers v. State, 731 N.W.2d 499, 502 (Minn. 2007).1 (Id.) 1 Knaffla held that, if a Minnesota defendant directly appeals his or her conviction, a Minnesot…
discussed Cited as authority (rule) Willie James Patterson v. State of Minnesota (2×) also: Cited "see"
Minn. Ct. App. · 2016 · confidence medium
However, the Knaffla rule does not apply: “(1) if a novel legal issue is presented, or (2) if the interests of justice require review.” Powers v. State, 731 N.W.2d 499, 502 (Minn. 2007).
discussed Cited as authority (rule) Lovell Nahmor Oates v. State of Minnesota
Minn. Ct. App. · 2016 · confidence medium
Similarly, “matters raised or known but not raised in an earlier petition for postconviction relief will generally not be considered in subsequent petitions for postconviction relief.” Powers v. State, 731 N.W.2d 499, 501 (Minn. 2007).
examined Cited as authority (rule) Casey Craig Schueneman v. State of Minnesota (3×) also: Cited "see"
Minn. Ct. App. · 2015 · confidence medium
In addition, “matters raised or known but not raised in an earlier petition for postconviction relief will generally not be considered in subsequent petitions for postconviction relief.” Powers v. State, 731 N.W.2d 499, 501 (Minn. 2007). 5 This court has recently explained that “an offender may not avoid the requirements of the postconviction act by simply labeling a challenge as a motion to correct sentence under rule 27.03, subdivision 9.” Washington, 845 N.W.2d at 212 .
cited Cited as authority (rule) Willie James Patterson v. State of Minnesota
Minn. Ct. App. · 2014 · confidence medium
But the Knaffla rule does not apply: “(1) if a novel legal issue is presented, or (2) if the interests of justice require review.” Powers v. State, 731 N.W.2d 499, 502 (Minn. 2007).
examined Cited as authority (rule) Willie James Richardson v. State of Minnesota (3×) also: Cited "see"
Minn. Ct. App. · 2014 · confidence medium
And “matters raised or known but not raised in an earlier petition for postconviction relief will generally not be considered in subsequent petitions for postconviction relief.” Powers v. State, 731 N.W.2d 499, 501 (Minn. 2007).
discussed Cited as authority (rule) Washington v. State
Minn. Ct. App. · 2014 · confidence medium
Furthermore, the procedural bar applies to second and subsequent postconviction petitions: “matters raised or known but not raised in an earlier petition for post-conviction relief will generally not be considered in subsequent petitions for post-conviction relief.” Powers v. State, 731 N.W.2d 499, 501 (Minn.2007).
discussed Cited as authority (rule) Frisch v. State
Minn. Ct. App. · 2013 · confidence medium
A similar procedural bar applies to second and successive postconviction petitions: “matters raised or known but not raised in an earlier petition for postconviction relief will generally not be considered in subsequent petitions for postconviction relief.” Powers v. State, 731 N.W.2d 499, 501 (Minn.2007); see also State v. Yang, 774 N.W.2d 539, 565 (Minn.2009) (applying Knaffla and Powers to district court’s decision to treat motion to amend postconviction petition as second postconviction petition).
discussed Cited as authority (rule) Torres v. State
Minn. · 2013 · confidence medium
See State v. Bartylla, 755 N.W.2d 8, 22 (Minn.2008) (stating that we “will not consider pro se claims on appeal that are unsupported by either arguments or citations to legal authority”); Powers v. State, 731 N.W.2d 499, 502 (Minn.2007) (declin ing to address issue that was not raised in the postconviction court).
discussed Cited as authority (rule) Greer v. State
Minn. · 2013 · confidence medium
Brocks v. State, 753 N.W.2d 672, 676 (Minn.2008) (holding that issue not raised before the postconviction court was forfeited for the purposes of appeal); Powers v. State, 731 N.W.2d 499, 502 (Minn.2007) (declining to address issue that was not raised in the postconviction court).
discussed Cited as authority (rule) State v. Yang
Minn. · 2009 · confidence medium
Also, “matters raised or known but not raised in an earlier petition for postconviction relief will generally not be considered in subsequent petitions for postconviction relief.” Powers v. State, 731 N.W.2d 499, 501 (Minn.2007).
discussed Cited as authority (rule) Doppler v. State (2×)
Minn. · 2009 · confidence medium
Powers v. State, 731 N.W.2d 499, 501 (Minn.2007).
discussed Cited "see" Hassan Mohamed Abdillahi v. State of Minnesota
Minn. Ct. App. · 2015 · signal: see · confidence high
See Powers v. State, 731 N.W.2d 499, 501 (Minn. 2007) (holding that a postconviction petition may not raise issues that are “essentially the same” as those raised on direct appeal); State v. Knaffla, 309 Minn. 246, 252 , 243 N.W.2d 737, 741 (1976) (stating that all matters raised on direct appeal, or known but not raised, will not be considered in postconviction proceedings). 10 Ineffective assistance of counsel Abdillahi next argues that his trial counsel was ineffective because he “forgot” to call a witness to rebut K.O.’s testimony.
discussed Cited "see" State of Minnesota v. Jack Perry Frazier
Minn. Ct. App. · 2014 · signal: see · confidence high
See Powers v. State, 731 N.W.2d 499 , 501 n.2 (Minn. 2007) (noting that “the language of Minn. Stat § 590.01 . . . is broad enough to encompass a motion pursuant to Minn. R.
discussed Cited "see" Matthew Thomas Fahey v. State of Minnesota
Minn. Ct. App. · 2014 · signal: see · confidence high
State v. Knaffla, 309 Minn. 246, 252-53 , 243 N.W.2d 737, 741 (1976); see Powers v. State, 731 N.W.2d 499, 502 (Minn. 2007) (listing Knaffla exceptions); see also Minn. Stat. § 590.01 , subd. 1 (2012) (“A petition for postconviction relief after a direct appeal has been completed may not be based on grounds that could have been raised on direct appeal of the conviction or sentence.”); Quick v. State, 692 N.W.2d 438, 439 (Minn. 2005) (“Knaffla also bars claims that should have been known at the time of direct appeal.”).
discussed Cited "see" Turnage v. Fabian (2×)
8th Cir. · 2010 · signal: see · confidence high
See Powers v. State, 731 N.W.2d 499, 501 (Minn.2007) (“Matters ... known but not raised in an earlier petition for postconviction relief will generally not be considered in subsequent petitions for postconviction relief.” (citing Spears v. State, 725 N.W.2d 696, 700 (Minn.2006))).
discussed Cited "see" Brocks v. State
Minn. · 2008 · signal: see · confidence high
See Powers v. State, 731 N.W.2d 499, 502 (Minn.2007) (declining to consider postconviction appellant’s argument not raised before the postconviction court); Azure v. State, 700 N.W.2d 443, 446-47 (Minn.2005) (declining to consider postcon-viction appellant’s claim of ineffective assistance of appellate counsel as not properly before the court when it was raised for the first time on appeal from a postconviction court’s denial of relief).
discussed Cited "see, e.g." Ricky Darnell Waiters, Appellant, vs. State of Minnesota, Respondent
Minn. · 2025 · signal: see also · confidence medium
In any event, because Waiters’s claim based on Noor is time-barred, we need not address whether Noor is otherwise applicable here. 7 Waiters’s claims based on Blevins 8 and Dahir 9 fail for a different reason. “ ‘It is well settled that a party may not raise issues for the first time on appeal’ from denial of postconviction relief.” Schleicher v. State, 718 N.W.2d 440, 445 (Minn. 2006) (quoting Azure v. State, 700 N.W.2d 443, 447 (Minn. 2005)); see also Powers v. State, 731 N.W.2d 499, 502 (Minn. 2007) (declining to consider an argument that the postconviction petitioner did not ra…
discussed Cited "see, e.g." Brian Keith Hooper v. State of Minnesota
Minn. · 2016 · signal: see also · confidence medium
Id .; see also Powers v. State, 731 N.W.2d 499, 501 (Minn. 2007) (holding that the Knaffla rule also applies to claims raised or known at the time of earlier postconviction petitions).
discussed Cited "see, e.g." Pedro Maldono Rodriguez, Jr. v. State of Minnesota
Minn. Ct. App. · 2014 · signal: see also · confidence low
Id.; see also Powers v. State, 731 N.W.2d 499 , 501 n.2 (Minn. 2007) (stating that section 590.01 is “broad enough to encompass a motion pursuant to Minn. R.
cited Cited "see, e.g." State v. Hurd
Minn. · 2009 · signal: see, e.g. · confidence medium
See, e.g., Powers v. State (Powers II), 731 N.W.2d 499, 502 (Minn.2007) (recognizing interests of justice exception to Knajfla bar).
Retrieving the full opinion text from the archive…
Vernon Neal POWERS, Petitioner, Appellant,
v.
STATE of Minnesota, Respondent
A06-1941.
Supreme Court of Minnesota.
May 17, 2007.
731 N.W.2d 499
2007 Minn. LEXIS 254
2007 WL 1438583
Vernon Neal Powers, Bayport, MN, pro se., Lori Swanson, Minnesota Attorney General, James B. Early, Assistant Attorney General, St. Paul, MN, Kristen Nelson, Mower County Attorney, Austin, MN, for Respondent.
Gildea.
Cited by 33 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 84%
Citer courts: Court of Appeals of Minnesota (1)

OPINION

GILDEA, Justice.

Appellant Vernon Neal Powers filed a motion for correction of sentence, pursuant to Minn. R.Crim. P. 27.03, in Mower County District Court. The district court treated the motion as Powers’ third petition for postconviction relief and denied the motion without a hearing. Powers appealed to this court, arguing that the district court erred when it denied the motion. We affirm.

The facts of the underlying crime in this case are set forth in detail in State v. Powers, 654 N.W.2d 667, 672-74 (Minn.2003). A jury found Powers guilty of two counts of first-degree murder and one count of first-degree assault. Powers was sentenced to two consecutive life terms for the premeditated murder counts, and 86 months for the assault conviction, to run consecutively with the life sentences. Powers appealed his conviction to this court, and we affirmed. Id. at 672. Subsequently, Powers filed his first petition for postconviction relief in Mower County District Court. He made a number of arguments in his postconviction petition, including the argument that his consecutive sentences violated his Fifth and Sixth Amendment rights under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). The district court concluded that Powers’ sentences did not violate his constitutional rights, and we affirmed, concluding the argument was barred by State v. Knaffla, 309 Minn. 246, 252, 243 N.W.2d 737, 741 (1976). Powers v. State, 688 N.W.2d 559, 561 (Minn.2004). Powers then filed his second postconviction petition. The district court denied relief, and we again affirmed. Powers v. State, 695 N.W.2d 371, 375 (Minn.2005).

Powers commenced the instant action by filing a motion for correction of sentence, pursuant to Minn. R.Crim. P. 27.03. Pow[*501] ers’ motion argued that Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), retroactively applies to his sentence in light of the Supreme Court’s recent ruling in Washington v. Recuenco, — U.S. -, 126 S.Ct. 2546, 165 L.Ed.2d 466 (2006). [1] The district court denied Powers’ motion without hearing. The court treated Powers’ motion for correction of sentence under Minn. R.Crim. P. 27.03 as his third petition for postconviction relief and concluded that because Powers raised an Apprendi argument in his first postconviction petition, his current sentencing argument was barred by Knaff-la. 2

A postconviction court shall order an evidentiary hearing “[ujnless the petition and the files and records of the proceeding conclusively show that the petitioner is entitled to no relief.” Minn.Stat. § 590.04, subd. 1 (2006). The postconviction petition, however, must include “ ‘more than argumentative assertions without factual support.’ ” Hodgson v. State, 540 N.W.2d 515, 517 (Minn.1995) (quoting Beltowski v. State, 289 Minn. 215, 217, 183 N.W.2d 563, 564 (1971)). Additionally, a postconviction court “may summarily deny a second or successive petition for similar relief on behalf of the same petitioner and may summarily deny a petition when the issues raised in it have previously been decided by the Court of Appeals or the Supreme Court in the same case.” Minn.Stat. § 590.04, subd. 3 (2006).

On review of a postconviction decision, we determine whether there is sufficient evidence to support the postconviction court’s findings. White v. State, 711 N.W.2d 106, 109 (Minn.2006). We will not overturn the postconviction court’s decision unless the court abused its discretion. Id. The district court did not abuse its discretion in this case.

It is well settled that when, as in this case, “direct appeal has once been taken, all matters raised therein, and all claims known but not raised, will not be considered upon a subsequent petition for postconviction relief.” Knaffla, 309 Minn. at 252, 243 N.W.2d at 741. Additionally, matters raised or known but not raised in an earlier petition for postconviction relief will generally not be considered in subsequent petitions for postconviction relief. Spears v. State, 725 N.W.2d 696, 700 (Minn.2006).

We hold that Knaffla bars Powers’ claims. Powers raised his sentencing argument based on Apprendi in his first postconviction petition. Powers’ current claim is essentially the same claim, but he cites Blakely in support of his argument as well as Apprendi. Powers does not explain how Blakely has changed his sentencing argument. Moreover, to the extent that the sentencing claim is different[*502] based on Blakely, it is KnaffUt-barred because Powers could have raised it in his second petition for postconviction relief. [3]

There are two exceptions to the Knajfla rule: (1) if a novel legal issue is presented, or (2) if the interests of justice require review. Perry v. State, 705 N.W.2d 572, 574 (Minn.2005) (quoting Taylor v. State, 691 N.W.2d 78, 79 (Minn.2005)). We conclude that neither exception applies. Powers’ claims are not novel and the interests of justice do not require review. Powers could have made his arguments previously, and he has not presented a colorable explanation of why he failed to do so.

Powers also argues, for the first time in his brief to this court, that the sentencing guidelines are unconstitutional because they were enacted by the Minnesota Sentencing Guidelines Commission, rather than by the legislature. We are “most reluctant” to address issues that were not raised at the district court, State v. Sorenson, 441 N.W.2d 455, 459 (Minn.1989), and we choose not to do so here. [4]

We hold that the district court did not abuse its discretion in dismissing, without hearing, Powers’ motion for a correction of sentence.

Affirmed.

1

. Powers has not made this argument to this court. Therefore, we need not address it. We note, however, that Recuenco did not address the retroactive application of Blakely, and the Supreme Court pointed out that both Apprendi and Blakely were decided before the Washington Supreme Court heard the case on direct appeal. Recuenco, 126 S.Ct. at 2549.

2

. Powers does not challenge the district court’s decision to treat his motion as a petition for postconviction relief. The district court’s decision finds support in the language of Minn.Stat. § 590.01, which is broad enough to encompass a motion pursuant to Minn. R.Crim. P. 27.03. See Minn.Stat. § 590.01 (2006) (allowing a convicted person to petition the district court to correct a sentence); Minn. R.Crim. P. 27.03, subd. 9 ("The court at any time may correct a sentence not authorized by law."); see also State v. Stutelberg, 435 N.W.2d 632, 633 (Minn.App.1989) (characterizing the appellant’s motion as a "motion for postconviction relief under Minn. R.Crim. P. 27.03, subd. 9”).

3

. Blakely was decided on June 24, 2004, so Powers knew, or should have known, to raise his arguments with respect to Blakely when he filed his second postconviction petition on November 3, 2004.

4

. Even if we chose to address Powers’ argument, we would conclude that the argument is Knaffla-barred because he could have raised it on direct appeal.