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Subdivision 1.Petition.
The petition filed in the district court pursuant to section 590.01 shall be entitled in the name of the petitioner versus the state of Minnesota and shall contain:
(1) a statement of the facts and the grounds upon which the petition is based and the relief desired. All grounds for relief must be stated in the petition or any amendment thereof unless they could not reasonably have been set forth therein. It shall not contain argument or citation of authorities;
(2) an identification of the proceedings in which the petitioner was convicted including the date of the entry of judgment and sentence or other disposition complained of;
(3) an identification of any previous proceeding, together with the grounds therein asserted taken on behalf of the petitioner to secure relief from the conviction and sentence or other disposition;
(4) the name and address of any attorney representing the petitioner. In the event the petitioner is without counsel, the court administrator shall forthwith transmit a copy of the petition to the state public defender and shall advise the petitioner of such referral.
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Subd. 2.Costs.
The filing of the petition and any document subsequent thereto and all proceedings thereon shall be without costs or any fees charged to the petitioner.
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Subd. 3.Filing.
When a petition is filed pursuant to section 590.01 it shall be signed by the petitioner or signed by the petitioner's attorney with proof of service on the attorney general and county attorney. It shall be addressed to the district court of the judicial district in the county where the conviction took place.
In those cases in which the petitioner is represented by counsel or in which the petitioner has filed a written waiver of right to counsel, the court administrator of the district court shall immediately direct attention of the filing thereof to the chief judge or judge acting in the chief judge's behalf who shall promptly assign the matter to a judge in said district.
Notes of Decisions
Roby v. State, 787 N.W.2d 186 (Minn. 2010).
· cites it 9× “Roby argues that he did invoke an exception, particularly the interests-of-justice exception in Minn.Stat. § 590.02, subd. 4(b)(5). The State argues that Roby’s petition was insufficient to raise the statutory interests-of-justice exception because he did not “cite this…”
Phillip Anthony Roberts v. State of Minnesota, 856 N.W.2d 287 (Minn. Ct. App. 2014).
· cites it 2× “” Minn.Stat. § 590.02, subd. 1(1) (2012). A petitioner is entitled to a hearing “[u]nless the petition and the files and records of the proceeding conclusively show that the petitioner is entitled to no relief.”
Spann v. State, 740 N.W.2d 570 (Minn. 2007).
· cites it 2× “A person convicted of a crime may petition the district court for postconviction relief “to vacate and set aside the judgment^] ⅜ * * grant a new trial[,] ⅞ * * or make other disposition as may be appropriate.”
Rickert v. State, 795 N.W.2d 236 (Minn. 2011).
· cites it 2× “(citing Minn.Stat. §§ 590.02, subd. 1(1), 590.08 (2010)).”
Wright v. State, 765 N.W.2d 85 (Minn. 2009).
· cites it 2× “” Minn.Stat. § 590.02, subd. 1(1) (2008). The postcon-viction court is not required to hold an evidentiary hearing if “the files and records of the proceeding conclusively show that the petitioner is entitled to no relief.”
Wallace v. State, 820 N.W.2d 843 (Minn. 2012).
· cites it 2× “However, Minn.Stat. § 590.02, subd. 2 (2010), expressly provides that the filing of a postconviction petition "shall be without costs or any fees charged to the petitioner.”
Brocks v. State, 753 N.W.2d 672 (Minn. 2008).
· cites it 2× “Minn.Stat. § 590.02, subd. 1(1) (2006). A district court is required to conduct an evidentiary hearing on a post-conviction petition unless the issues raised in the petition conclusively show that the petitioner is not entitled to relief.”
Cooper v. State, 745 N.W.2d 188 (Minn. 2008).
· cites it 2× “” Minn.Stat. § 590.01, subd. 1 (2006). The petition must contain a “statement of the facts and grounds upon which the petition is based and the relief desired.”
Francis v. State, 729 N.W.2d 584 (Minn. 2007).
· cites it 2× “” Minn. Stat. § 590.02 , subd. 1(1) (2004).”
Lewis v. State, 697 N.W.2d 624 (Minn. Ct. App. 2005).
· cites it 4× “If the petitioner/defendant files the petition without the assistance of counsel, the court administrator must send a copy of the petition to the state public defender’s office and advise the petitioner of such referral.”
Powers v. State, 688 N.W.2d 559 (Minn. 2004).
“§ 590.02 (2002). The only new information he supplied with his petition was the affidavit of his codefendant, David Christian, who stated that, had their trials been severed, Christian would have provided exculpatory testimony in Powers’ trial.”
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