Reed v. State, 2010 Minn. LEXIS 803

Background

Reed was convicted of conspiracy to commit murder and aiding and abetting murder in 1970 death of police officer Sackett.
On direct appeal (Reed I), we affirmed Reed’s convictions for aiding and abetting first-degree murder.
Postconviction petition asserted (1) denial of right to self-representation, (2) statute-of-limitations defense, (3) ineffective assistance of trial and appellate counsel, and (4) recanted testimony by Trimble-Smith.
Postconviction court denied relief without a hearing; Reed appeals the denial.
Trimble-Smith testified at trial; other witnesses included Griffin and Foster; Reed was sentenced to life imprisonment for aiding and abetting murder.
Key procedural posture: issues centered on Knaffla bar, waiver of limitations defense, and whether recantation affidavits warranted an evidentiary hearing.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Knaffla bar on self-representation claim	Reed could not have fully presented the issue due to sealed motion drafted by his brother.	Knaffla bars application since Reed raised the issue on direct appeal and could have argued it there.	Knaffla barred the self-representation claim
Statute-of-limitations defense waivable	The defense is jurisdictional and cannot be waived; it defeats subject-matter jurisdiction if valid.	Limitations are claim-processing, waivable; not jurisdictional, and can be raised later.	Limitations defense is a waivable claim-processing rule; no reversal for waiver
Ineffective assistance—trial counsel	Trial counsel failure to raise limitations and other issues fell below objective standards.	No deficient performance; strategy and record support decisions; no prejudice shown.	No reversible error; claims lack merit or prejudice
Ineffective assistance—appellate counsel	Appellate counsel should have raised more issues, including trial counsel deficiencies.	Appellate counsel reasonable to omit weak claims; strategic decision not to stay direct appeal.	Appellate counsel's conduct not shown to be ineffective
Recanted-testimony (Larrison) claim	New affidavits show Trimble-Smith recanted her trial testimony; warrants new hearing.	Affidavits do not satisfy Larrison prongs; no credible recantation; no hearing required.	No evidentiary hearing required; recantation affidavits do not establish false testimony

Key Cases Cited

State v. Reed, 737 N.W.2d 572 (Minn. 2007) (direct appeal affirmed Reed I)
Kontrick v. Ryan, 540 U.S. 443 (U.S. 2004) (distinguishes jurisdictional vs. non-jurisdictional rules)
Day v. McDonough, 547 U.S. 198 (U.S. 2006) (limitations defense not jurisdictional; waivable)
Spaziano v. Florida, 468 U.S. 447 (U.S. 1984) (waiving statute-of-limitations may be strategic)
Eberhart v. United States, 546 U.S. 12 (U.S. 2005) (deadline rules can be waived)
Rubey v. Vannett, 714 N.W.2d 417 (Minn. 2006) (time prescriptions may be non-jurisdictional; avoid 'jurisdictional' label)
In re Civil Commitment of Giem, 742 N.W.2d 422 (Minn. 2007) (caution against labeling rigid time rules as jurisdictional)
Ortiz v. Gavenda, 590 N.W.2d 119 (Minn. 1999) (statutory limitations in civil context are waiver-able)
Tupa, 194 Minn. 488, 260 N.W. 875 (1935) (early view on waiver of known rights)
Lopez, 587 N.W.2d 26 (Minn. 1998) (translation issues; pro se claims can be raised later)
Ferguson v. State, 779 N.W.2d 555 (Minn. 2010) (recantation evidentiary hearing when indicia of trustworthiness exist)
Hadley v. Groose, 97 F.3d 1131 (8th Cir. 1996) (impeachment decisions; trial strategy)
Foster v. Lockhart, 9 F.3d 722 (8th Cir. 1993) (witness impeachment considerations)
Chambers v. Armontrout, 907 F.2d 825 (8th Cir. 1990) (trial counsel decisions fall within discretion)
Williams v. State, 764 N.W.2d 21 (Minn. 2009) (appellate counsel not required to raise all claims)
Case v. State, 364 N.W.2d 797 (Minn. 1985) (counsel not required to raise every potential issue)