Under Knaffla, Post Conviction Claim Is Procedurally Barred

Ouk v. State, Minn.S.Ct., 8/24/2016.  A jury convicted Mr. Ouk back in 1992 of two counts of first degree felony murder and two counts of attempted first degree felony murder.  The trial court imposed two life sentences with the possibility of release on the murder verdicts, and two fifteen year sentences of the attempt verdicts, with these sentences to be served consecutively.  

Mr. Ouk brought this action in his view to correct his sentence under Rule 27.03, subd. 9.  He said that the juvenile court had failed to follow the proper procedure for certifying him to stand trial as an adult.  The trial court construed this pleading as a post conviction petition because the petition challenged more than just his sentence.  Johnson v. State, 877 N.W.2d 776 (Minn. 2016); State v. Coles, 862 N.W.2d 477 (Minn. 2015.)  It then summarily denied the petition under the Knaffla rule that says, among other things, that after direct appeal, claims that a petitioner knew about or should have known about at the time of direct appeal are procedurally barred.

Justice G. Barry Anderson says that the post conviction court got it right.  After certification occurred, Mr. Ouk either knew or should have known whether the juvenile court messed things up so Knaffla eliminates that claim from further challenge.  Because Mr. Ouk did not allege any exception to the statutory two year limitations statute, the court can continue to dodge the question whether Knaffla has survived the recent amendments to Chapter 590.