Actual Innocence Exception to One Year Federal Habeas Limitations Not Applicable to Minnesota Petition

Wayne v. State, Minn.S.Ct., 7/22/2015.  In this his seventh post conviction petition following his 1980's conviction for murder, Mr. Wayne argues that he is factually innocent, a claim that is not time-barred under the U.S. Supreme Court's decision in McQuiggin v. Perkins, ___ U.S. ___, 133 S.Ct. 1924 (2013).  McQuiggin said that a claim of actual innocence can overcome the one year limitations period on federal habeas petitions.  Justice Lillehaug said that's all fine and dandy but this is Minnesota, and we're not bound by that pronouncement about federal habeas.

In the alternative, Mr. Wayne said that all of his claims were timely under the "interests of justice exception" to the two year limitations period in Minnesota's post conviction statute.  This exception, however, is triggered by an "injustice" that caused the missing of the two year deadline and has nothing to do with the substance of the claimed injustice.  Sanchez v. State, 816 N.W.2d. 550 (Minn. 2012).  None of his claims in this petition satisfy that requirement.