867 N.W.2d 497
Minn.2015Background
- Otha Eric Townsend was convicted of first-degree murder (1994) and pleaded guilty to second-degree attempted murder (1995); he received a life sentence and a consecutive 72-month term with 597 days of jail credit applied to the 72-month sentence.
- Townsend pursued multiple postconviction petitions and Rule 27.03 motions over years, alleging ineffective assistance of appellate counsel and disputing application of jail credit.
- His direct appeal was litigated; a late pro se brief was not accepted, this court affirmed the murder conviction (Townsend I).
- In 2012 this court rejected Townsend’s Rule 27.03 challenge to reallocate jail credit because doing so would increase his overall imprisonment (Townsend VI).
- In 2014 Townsend filed (a) a fifth postconviction petition alleging appellate-counsel abandonment and (b) a second Rule 27.03 motion again seeking reallocation of jail credit.
- The postconviction court denied the 2014 petition as time-barred and procedurally barred; it denied the 2014 Rule 27.03 motion as raising an issue already decided by this court. The Supreme Court affirmed both denials.
Issues
| Issue | Townsend's Argument | State's Argument | Held |
|---|---|---|---|
| Whether the 2014 postconviction petition was entitled to an evidentiary hearing despite the §590.01 time-bar | Krause’s holding requires an evidentiary hearing (due-process protections) and so creates a retroactive state-constitutional ground to escape the time-bar | Petition is untimely under Minn. Stat. §590.01 and Krause is limited to forfeiture-of-counsel hearings and does not apply | Petition is time-barred; no evidentiary hearing required; denial affirmed |
| Whether Rule 27.03 relief should reallocate 597 days of custody credit to the life sentence (rather than the 72-month consecutive term) | Jail credit should be applied to the first sentence per Rule 27.03, subd. 4(B) | Issue already decided; reallocation would increase overall imprisonment and is meritless | Motion denied under law-of-the-case; prior decision (Townsend VI) forecloses relief |
Key Cases Cited
- State v. Krause, 817 N.W.2d 136 (Minn. 2012) (forfeiture-of-counsel hearings require due-process protections including counsel)
- Townsend v. State (Townsend VI), 834 N.W.2d 736 (Minn. 2013) (reallocating jail credit would increase total imprisonment; claim without merit)
- Lynch v. State, 749 N.W.2d 318 (Minn. 2008) (law-of-the-case doctrine bars relitigation of previously decided issues)
- Doppler v. State, 771 N.W.2d 867 (Minn. 2009) (standard of review for denial of postconviction evidentiary hearing)