Supreme Court Continues It’s Restrictive Interpretation of the Limitations Provisions of Post Conviction Statute

The Minnesota Supreme Court issued three Opinions today that continue the onslaught on the limitations provisions of the post conviction statute.  In general, there is a two year limitations period –which commences when the conviction becomes final - within which to commence a post conviction petition.  The post conviction statute creates five exceptions to this general rule, but those exceptions must be filed within two years of the date the claim arises.  Minn.Stat. 590.01, subd. 4(c).

The three cases are:  Sanchez v. State; Miller v. State;  and Carlton v. State.   Justice Page dissented in each of the opinions.