Colbert v. State
2012 Minn. LEXIS 8
| Minn. | 2012Background
- Colbert was convicted in Feb. 2005 of premeditated first-degree murder and sentenced to life imprisonment.
- On direct appeal, the conviction was affirmed in July 2006; he later pursued a federal habeas petition, which was denied.
- Colbert filed five postconviction-relief petitions; the postconviction court denied each without a hearing.
- The fifth petition alleged suggestive eyewitness identification, suppression issues tied to seized evidence, and prosecutor misconduct including an altered aerial photograph.
- The court held the fifth petition was time-barred under Minn. Stat. § 590.01, subd. 4(c), and that, even assuming the 4(b)(5) “interests of justice” exception, it would not reach merits due to the bar.
- The decision affirms the postconviction court’s denial and notes that it did not decide merits or Knaffla arguments due to the time bar.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the petition is timely under § 590.01, subd. 4(c). | Colbert | Colbert | Yes, time-bar applies; petition barred. |
| Whether the petition falls within the 4(b)(5) interests-of-justice exception. | Colbert asserts exception. | State contends not reached. | Not reached on merits; petition barred by 4(c). |
Key Cases Cited
- State v. Colbert, 716 N.W.2d 647 (Minn. 2006) (affirmed conviction on direct appeal; Colbert I cited for procedural posture)
- Roby v. State, 787 N.W.2d 186 (Minn. 2010) (timeliness and exceptions to postconviction deadlines)
- Gassler v. State, 787 N.W.2d 575 (Minn. 2010) (exceptional circumstances for the interests of justice)
- State v. Knaffla, 309 Minn. 246, 243 N.W.2d 737 (Minn. 1976) (settled waiver of postconviction review under procedural bars)