Neither Newly Discovered Evidence Nor Ineffective Assistance of Counsel Claims Enough For New Trial

Mosley v. State, Minn.S.Ct., 4/26/2017.  A jury convicted Mr. Mosley of first degree murder, which the supreme court affirmed a couple of years back.  Mr. Mosley alleged in this post conviction petition that he was entitled to a new trial based upon newly discovered evidence of five signed affidavits from alibi witnesses; he also said that both trial and appellate counsel had provided ineffective assistance of counsel.  The affidavits generally said that Mr. Mosley was in St. Louis at the time of the homicide. Justice McKeig affirms the post conviction court's summary denial of this claim, saying that it appeared that defense counsel knew of two of the claims and the other three were cumulative of the alibi testimony that had been presented at trial.  On the performance of counsel, it's pretty much the same; even had counsel found more alibi witnesses it wasn't likely to have changed the outcome of the trial.  That being the case, appellate counsel did nothing wrong in not accusing trial counsel of being ineffective.

Wheels on the bus just go round and round.