Post Conviction Petitioner Not Entitled to Appointed to Counsel, Having been Represented by Counsel on Direct Appeal; Claims presented are Time Barred and Thus Not Entitled to Evidentiary Hearing

Hughes v. State, Minn.S.Ct., 5/21/2014.  In this second petition for post conviction relief Mr. Hughes raised twenty-nine errors, most of which claimed various misdeeds of trial counsel.  Read footnote 2 if you want the gory details.  The post conviction court tossed the petition without benefit of an evidentiary hearing and without appointing counsel for Mr. Hughes.

Justice Page affirms for a unanimous court.  The court said that because Mr. Hughes had been represented by counsel on direct appeal he has no right under the Minnesota Constitution to the assistance of appointed counsel in a subsequent post conviction proceeding.  Barnes v. State, 768 N.W.2d 359 (Minn. 2009). 

Turning to the denial of an evidentiary hearing, the court upholds the post conviction court.  The court says that one who alleges facts that, even if true, do not authorize any relief there is no necessity to hold an evidentiary hearing.  For Mr. Hughes, all of his claims are time barred, having been made more than two years beyond the limitations period and not presenting any exception to that limitations period.