891 N.W.2d 590
Minn.2017Background
- Defendant Larry Pearson was convicted of first-degree premeditated murder and unlawful possession of a firearm for the 2006 shooting death of Corodarl Merriman; he was sentenced to life without release.
- At trial State witnesses (notably W.M.) testified that Pearson approached the van and shot Merriman; Pearson testified he acted in self-defense after Merriman produced a gun.
- Pearson filed a first postconviction petition challenging trial counsel’s cross-examination of W.M.; that petition was denied and the convictions were affirmed on direct appeal.
- In a second postconviction petition Pearson alleged: (1) newly discovered evidence (an affidavit and testimony by J.B. claiming he witnessed the shooting), (2) ineffective assistance of trial counsel for advising rejection of a plea to second-degree murder, and (3) ineffective assistance of postconviction counsel for (a) failing to call W.M. and (b) advising Pearson to withdraw a conflict-of-interest claim against trial counsel.
- The postconviction court held an evidentiary hearing only on the newly discovered evidence claim, found J.B.’s testimony doubtful (late, uncorroborated, inconsistent, recanted to police), denied the new-trial motion, and summarily denied the ineffective-assistance claims; the Supreme Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether newly discovered evidence (J.B.) warranted a new trial under Rainer | J.B.’s affidavit/testimony places him at the scene and is consistent with physical evidence; it was unknown earlier | J.B.’s account is doubtful, uncorroborated, delayed, and inconsistent; fails Rainer’s conjunctive test | Court affirmed denial: J.B.’s testimony was doubtful; Rainer requirements not met |
| Whether trial counsel was ineffective for advising rejection of a plea to second-degree murder | Counsel misadvised Pearson that State could not prove premeditation; but for that advice Pearson would have accepted plea with lower exposure | State: claim is procedurally barred by Knaffla and lacks specific allegations of a reasonable probability Pearson would have accepted and court would have accepted the plea | Court held claim procedurally barred under Knaffla; even on merits allegations fail Lafler/Strickland standards |
| Whether postconviction counsel was ineffective for not calling W.M. at first postconviction proceeding | Calling W.M. would have shown trial counsel’s failure to impeach was deficient and prejudicial | Even if W.M. had testified, totality of trial evidence (broken window, bullet trajectories, Pearson’s inconsistent testimony) leaves no reasonable probability of a different outcome | Court held Pearson failed Strickland prejudice; therefore no relief on ineffective-assistance-of-postconviction-counsel claim |
| Whether postconviction counsel was ineffective for advising withdrawal of conflict-of-interest claim against trial counsel | Trial counsel formerly represented Merriman; that created a conflict that materially limited representation and warranted challenge | Prior representation was unrelated and any juvenile records were generally known via discovery, not confidential information from the former client | Court held facts, even if true, do not show an actual conflict or adverse effect on performance; no relief granted |
Key Cases Cited
- Rainer v. State, 566 N.W.2d 692 (Minn. 1997) (sets four-part test for newly discovered evidence)
- State v. Knaffla, 243 N.W.2d 737 (Minn. 1976) (bars claims known or that should have been known on direct appeal)
- Lafler v. Cooper, 566 U.S. 156 (2012) (plea-related ineffective-assistance standards and prejudice framework)
- Hill v. Lockhart, 474 U.S. 52 (1985) (applies Strickland to plea-process ineffective-assistance claims)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong standard for ineffective assistance of counsel)
- State v. Powell, 578 N.W.2d 727 (Minn. 1998) (applies Strickland framework to plea negotiation context)