Berkovitz v. State
826 N.W.2d 203
Minn.2013Background
- Berkovitz was convicted of first-degree premeditated murder and attempted first-degree murder for shootings at the Government Center in 2008.
- Direct appeal upheld convictions; this opinion briefly recounts facts relevant to postconviction relief.
- The two victims were Joseph-Kordell (cousin) and Hendrickson (attorney); Berkovitz harbored grievances over a family estate dispute.
- After direct appeal, Berkovitz filed a habeas petition in federal court, which was denied; U.S. Supreme Court denied certiorari.
- Berkovitz filed a first postconviction petition, which the court denied; she filed a second petition on February 15, 2012.
- The postconviction court held the second petition was filed after the two-year limit of Minn. Stat. § 590.01, subd. 4(a)(2).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the petition was timely under § 590.01, subd. 4(a)(2). | Berkovitz contends timely under finality date rules. | State argues petition filed after the two-year limit; finality occurred Feb 1, 2006. | Timeliness rejected; petition untimely. |
| Whether the newly discovered evidence exception applies. | Berkovitz relies on newly discovered evidence to excuse lateness. | No newly discovered evidence establishing innocence; claims fail on merits. | Not satisfied; exception ineligible. |
| Whether the interests of justice exception applies. | Berkovitz argues the petition is not frivolous and review is in justice interests. | Petition is frivolous; claims lack good-faith basis. | Interests of justice exception not satisfied. |
| Whether the petition is procedurally barred under Knaffla and related preclusion rules. | Argues for postconviction relief notwithstanding prior avenues of relief. | Claims are procedurally barred; could have been raised earlier. | Claims are procedurally barred. |
Key Cases Cited
- Hannon v. State, 781 N.W.2d 887 (Minn. 2010) (finality for § 590.01 timing when certiorari not filed)
- Moua v. State, 778 N.W.2d 286 (Minn. 2010) (conviction final when time for certiorari has elapsed)
- Rickert v. State, 795 N.W.2d 236 (Minn. 2011) (requires explicit exception to be raised for postconviction review)
- State v. Knaffla, 309 Minn. 246 (Minn. 1976) (claims must be raised on direct appeal or in prior petition)
- Jones v. State, 671 N.W.2d 743 (Minn. 2003) (extends Knaffla to postconviction relief claims)
- United States v. Winestock, 340 F.3d 200 (4th Cir. 2003) (newly discovered evidence not showing innocence here)