Ferguson v. State, 826 N.W.2d 808

Ferguson was convicted of first‑degree premeditated murder and attempted first‑degree premeditated murder after a shooting that killed one and injured two.
The conviction was affirmed on direct and postconviction appeals prior to the second postconviction petition.
Ferguson filed a second postconviction petition seeking relief based on a recanting witness (Kentrell Green) and an affidavit advocating recantation.
The postconviction court excluded Green’s affidavit under Rule 804(b)(3) as untrustworthy hearsay and denied relief.
On appeal, Ferguson argued the affidavit was admissible and that he was denied effective assistance of counsel during postconviction proceedings.
The Supreme Court affirmed, concluding the affidavit lacked corroborating circumstances and that there is no constitutional right to effective postconviction counsel.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admissibility of Green’s affidavit under Rule 804(b)(3)	Ferguson contends the affidavit is trustworthy.	State contends the affidavit lacks corroboration and trustworthiness.	Affidavit excluded; not admissible under 804(b)(3).
Effect of postconviction counsel on Ferguson’s rights	Ferguson asserts ineffective assistance of postconviction counsel.	State notes no Sixth Amendment right to counsel in state postconviction proceedings.	No constitutional right to effective postconviction counsel; claim fails.

State v. Tovar, 605 N.W.2d 717 (Minn.2000) (trustworthiness framework for Rule 804(b)(3))
Pippitt v. State, 737 N.W.2d 221 (Minn.2007) (Larrison test referenced for recantation showing)
Larrison v. United States, 24 F.2d 82 (7th Cir.1928) (recantation evidentiary standards)
Richardson, 393 N.W.2d 657 (Minn.1986) (factors for corroborating circumstances under 804(b)(3))
Higginbotham, 298 Minn. 1, 212 N.W.2d 881 (Minn.1973) (credibility and relationship considerations for trustworthiness)
Coleman v. Thompson, 501 U.S. 722 (U.S.1991) ( Sixth Amendment does not apply to state postconviction counsel)