Fort v. State
829 N.W.2d 78
Minn.2013Background
- Fort was convicted of first-degree premeditated murder for the 1990 Potts killing; postconviction relief sought an evidentiary hearing on new evidence from A.Z. and on DNA testing of a 12-inch smear.
- The postconviction court denied relief without an evidentiary hearing, applying the standards from Ferguson and Opsahl.
- DNA testing in 2001 linked Potts’s DNA to blood samples from Fort’s home; four witnesses testified Fort confessed during the trial.
- At trial, a separate inquiry into an alleged confession by Fort’s cousin occurred in 2007, resulting in remaining convictions for both counts.
- Fort appealed, and this court affirmed the premeditated-murder conviction but vacated the burglary-murder conviction in Fort I.
- Fort’s July 2011 petition sought an evidentiary hearing on the A.Z. testimony and a motion for new DNA testing; the court denied both, and Fort appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the postconviction court abused discretion on A.Z. testimony | Fort argues A.Z. provides new, exculpatory testimony creating a four-prong right to relief. | Fort's evidence is cumulative and fails Rainer; no entitlement to hearing. | No abuse; A.Z. evidence fails Rainer four-prong test. |
| Whether the postconviction court abused discretion on DNA testing | Fort seeks testing on the 12-inch smear to prove innocence; argues new technology exists. | No new technology shown; practically impossible to test; no hearing warranted. | No abuse; lacks threshold for hearing or testing. |
Key Cases Cited
- Rainer v. State, 566 N.W.2d 695 (Minn. 1997) (tests four-prong new-evidence standard for new-trial relief)
- Bobo v. State, 820 N.W.2d 511 (Minn. 2012) (new-evidence evaluation; cumulative evidence effects)
- Riley v. State, 819 N.W.2d 162 (Minn. 2012) (standard for review of postconviction relief and DNA testing motions)
- Dobbins v. State, 788 N.W.2d 719 (Minn. 2010) (broad legal-fact review in postconviction proceedings)
- Spann v. State, 740 N.W.2d 570 (Minn. 2007) (scope of postconviction evidentiary hearings)
- Leake v. State, 737 N.W.2d 531 (Minn. 2007) (evidentiary-hearing standard in postconviction relief)
- Ferguson v. State, 645 N.W.2d 437 (Minn. 2002) (standard governing denial of evidentiary hearing in postconviction relief)
- Opsahl v. State, 677 N.W.2d 414 (Minn. 2004) (additional standard for evidentiary hearings in postconviction relief)
- Fort I, 768 N.W.2d 335 (Minn. 2009) (on direct appeal, affirmed premeditated murder; vacated burglary-murder conviction)