section 590.01 two year time limit (Minnesota) · Go Syfert
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section 590.01 two year time limit in Minnesota

12 Minnesota opinions name it 2 courts 2012–2016 0 in the last five years

The cases below were cited by Minnesota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (10)

CaseFollowedCited
Riley v. Stategreen
minn · 2012 · cited in 3 Minnesota opinions naming this issue, 2016–2016
2 sentences

2016“We review a denial of a petition for postconviction relief, as well as a request for an evidentiary hearing, for an abuse of discretion.” Riley v. State, 819 N.W.2d 162, 167 (Minn. 2012).

2016“We review a denial of a petition for postconviction relief, as well as a request for an evidentiary hearing, for an abuse of discretion.” Riley v. State, 819 N.W.2d 162, 167 (Minn. 2012).

33
Carlton v. Stategreen
minn · 2012 · cited in 3 Minnesota opinions naming this issue, 2012–2014
2 sentences

2014State v. Givens, 544 N.W.2d 1 See Carlton v. State, 816 N.W.2d 590, 601 (Minn. 2012) (concluding that time limit in Minn. Stat. § 590.01 , subd. 4, is not jurisdictional and can be waived by state).

2013Cf. Carlton v. State, 816 N.W.2d 590, 601-02, 606 (Minn.2012) (holding that the two-year time limit in Minn. Stat. § 590.01 , subd. 4(c), is not jurisdictional bar but may be waived by state and recognizing that district court may grant postconviction relief beyond the time limit if state fails to assert it).

33
Sanchez v. Stategreen
minn · 2012 · cited in 2 Minnesota opinions naming this issue, 2012–2016
2 sentences

2016Sanchez v. State, 816 N.W.2d 550, 557 (Minn. 2012).

2012We considered and rejected the identical argument in Sanchez v. State, 816 N.W.2d 550, 556-58 (Minn.2012), decided today.

22
State v. Foremangreen
minn · 2004 · cited in 1 Minnesota opinions naming this issue, 2016–2016
1 sentence

2016He does not expressly address the exceptions to the time limit in Minn. Stat. § 590.01 , subd. 4. 5 To support his argument for both exceptions to the Knaffla rule, Carlson cites Crawford v. Washington, 541 U.S. 36 , 124 S. Ct. 1354 (2004), and the Bible for the proposition that “one witness is not enough to convict,” but a “matter must be established by testimony of two or three witnesses.” This reading of Crawford is contrary to settled caselaw holding that “a conviction can rest on the uncorroborated testimony of a single credible witness.” State v. Foreman, 680 N.W.2d 536, 539 (Minn. 2004)

11
Gassler v. Stategreen
minn · 2010 · cited in 1 Minnesota opinions naming this issue, 2014–2014
1 sentence

2014The interests-of-justice exception applies only in “exceptional situations.” Gassler v. State, 787 N.W.2d 575, 586 (Minn. 2010).

11
Washington v. Stategreen
minnctapp · 2014 · cited in 1 Minnesota opinions naming this issue, 2014–2014
2 sentences

2014A motion is properly filed under rule 27.03, subdivision 9, “only if the offender challenges the sentence on the ground that it is ‘unauthorized by law’ in the sense that the sentence is contrary to an applicable statute or other applicable law.” Id. at 214 ; see also State v. Borrego, 661 N.W.2d 663, 667 (Minn. App. 2003) (“An unauthorized sentence must be contrary to statutory requirements.”).

2014In Washington, this court stated “that the two-year time limit in section 590.01, subdivision 4(a) does not apply to motions properly filed under rule 27.03, subdivision 7 9.” Id. at 211 (emphasis added) (quotation omitted).

11
State v. Borregogreen
minnctapp · 2003 · cited in 1 Minnesota opinions naming this issue, 2014–2014
1 sentence

2014A motion is properly filed under rule 27.03, subdivision 9, “only if the offender challenges the sentence on the ground that it is ‘unauthorized by law’ in the sense that the sentence is contrary to an applicable statute or other applicable law.” Id. at 214 ; see also State v. Borrego, 661 N.W.2d 663, 667 (Minn. App. 2003) (“An unauthorized sentence must be contrary to statutory requirements.”).

11
Vazquez v. Stategreen
minnctapp · 2012 · cited in 1 Minnesota opinions naming this issue, 2013–2013
1 sentence

2013After Amundson filed a notice of appeal, this court released its decision in Vazquez v. State, 822 N.W.2d 313, 318 (Minn.App.2012).

11
Munger v. Stategreen
minn · 2008 · cited in 1 Minnesota opinions naming this issue, 2012–2012
1 sentence

2012Munger v. State, 749 N.W.2d 335, 338 (Minn.2008).

11
Stewart v. Stategreen
minn · 2009 · cited in 1 Minnesota opinions naming this issue, 2012–2012
1 sentence

2012Here, the district court relied on language in Stewart v. State, 764 N.W.2d 32, 34 (Minn.2009), suggesting that the postcon-vietion time limit was jurisdictional.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Minnesota. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Crawford v. Washington green
scotus · 2004
2 sentences

2016He does not expressly address the exceptions to the time limit in Minn. Stat. § 590.01 , subd. 4. 5 To support his argument for both exceptions to the Knaffla rule, Carlson cites Crawford v. Washington, 541 U.S. 36 , 124 S. Ct. 1354 (2004), and the Bible for the proposition that “one witness is not enough to convict,” but a “matter must be established by testimony of two or three witnesses.” This reading of Crawford is contrary to settled caselaw holding that “a conviction can rest on the uncorroborated testimony of a single credible witness.” State v. Foreman, 680 N.W.2d 536, 539 (Minn. 2004)

2016He does not expressly address the exceptions to the time limit in Minn. Stat. § 590.01 , subd. 4. 5 To support his argument for both exceptions to the Knaffla rule, Carlson cites Crawford v. Washington, 541 U.S. 36 , 124 S. Ct. 1354 (2004), and the Bible for the proposition that “one witness is not enough to convict,” but a “matter must be established by testimony of two or three witnesses.” This reading of Crawford is contrary to settled caselaw holding that “a conviction can rest on the uncorroborated testimony of a single credible witness.” State v. Foreman, 680 N.W.2d 536, 539 (Minn. 2004)

12016–2016
Kennedy v. Carlson green
minn · 1996
1 sentence

2014State v. Givens, 544 N.W.2d 1 See Carlton v. State, 816 N.W.2d 590, 601 (Minn. 2012) (concluding that time limit in Minn. Stat. § 590.01 , subd. 4, is not jurisdictional and can be waived by state).

12014–2014

Statutes the citing opinions construe

MN § Minn. Stat. § 590.01 (12) MN § Minn. Stat. § 480A.08 (8) MN § Minn. Stat. § 590.04 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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