Post Conviction Petition, Filed Under the “Interests of Justice” Exception, is Untimely Under the Objective Standard of Sanchez.

Greer v. State, Minn.S.Ct., 9/4/2013.  Mr. Greer filed two post conviction petitions – one in the Spring and the other in the Summer of 2012.  He claimed that his appellate counsel had provided ineffective assistance of counsel and that he had newly discovered evidence.  Because Mr. Greer’s initial conviction became final before August 1, 2005, his deadline for filing a post conviction petition under the two year limitations provision was July 31, 2007.  Since he missed that by some five years he had to fit into one of the exceptions in the statute to the two year limitations period.

Mr. Greer invoked the “interest of justice” exception, which must be filed within two years of the date the claim arises.  The court has adopted an objective standard – knew or should have known – by which to determine when a claim arises.  Sanchez v. State, 816 N.W.2d 550 (Minn. 2012). 

Mr. Greer did not claim that under this objective standard that his petitions were timely.  Instead, he asked the court to overrule Sanchez, notwithstanding that it’s barely been out long enough to get a volume and page designation in the law books.  Justice Wright, for the full court including Justice Lillehaug – so, it’s the first opinion that he’s joined - declines the invitation.