Wayne v. State of Minnesota, Minn.S.Ct., 3/11/2015. This is Mr. Wayne’s sixth petition for post conviction relief. He is serving a life sentence imposed back in 1987. In this petition he alleges that he received ineffective assistance of trial counsel. Specifically, he claimed that he had not been informed of a plea offer purportedly discussed during an in-chambers meeting that occurred during his trial. He said that the plea negotiation cases from a couple of years back by the U.S. Supreme Court – Missouri v. Frye, 132 S.Ct. 1399 (2012), and Laffler v. Cooper, 132 S.Ct. 1376 (2012) established a new interpretation of Sixth Amendment law regarding ineffective assistance of counsel that apply retroactively to him. That, he said, provides an exception to the two year limitations provisions under the post conviction statute. The problem was, at least to Justice Lillehaug, was that Mr. Wayne’s claim was time barred because Mr. Wayne could not satisfy this “new interpretation” exception to the limitations provisions because he could not establish that a formal plea offer actually got made to his lawyers and then not communicated to him.
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