Michael Wayne v. State of Minnesota , 2015 Minn. LEXIS 115 ( 2015 )

STATE OF MINNESOTA
IN SUPREME COURT
A14-0958
Waseca County Lillehaug, J.
Michael Wayne, petitioner,
Appellant,
vs.
State of Minnesota, Filed: March 11, 2015
Office of Appellate Courts
Respondent.
________________________
Michael Wayne, Moose Lake, Minnesota, pro se.
Lori Swanson, Attorney General, Matthew Frank, Assistant Attorney General, Saint Paul
Minnesota; and
Paul Dressler, Waseca County Attorney, Waseca, Minnesota, for respondent.
________________________
SYLLABUS
Appellant’s sixth petition for postconviction relief from his 1987 conviction is
barred by the time limit in Minn. Stat. § 590.01, subd. 4(a) (2014).
Affirmed.
Considered and decided by the court without oral argument.
1
OPINION
LILLEHAUG, Justice.
In 1987, following a jury trial, the district court convicted Michael Wayne of first-
degree murder for the stabbing death of Mona Armendariz and sentenced him to life in
prison. We affirmed Wayne’s conviction on direct appeal. State v. Fenney (Wayne I),
448 N.W.2d 54, 62 (Minn. 1989) (consolidated direct and postconviction appeals).1
Wayne filed four petitions for postconviction relief, as well as a motion for
postconviction DNA testing under Minn. Stat. § 590.01, subd. 1a (2014). All five prior
postconviction petitions or motions were denied, and this court affirmed each denial.
Wayne I, 448 N.W.2d 54; Wayne v. State (Wayne II), 498 N.W.2d 446 (Minn. 1993);
Wayne v. State (Wayne III), 601 N.W.2d 440 (Minn. 1999); Wayne v. State (Wayne IV),
747 N.W.2d 564 (Minn. 2008); Wayne v. State (Wayne V), 832 N.W.2d 831 (Minn.
2013).
In his sixth petition, filed in 2013, Wayne primarily argues that he is entitled to
postconviction relief under Minn. Stat. § 590.01 (2014), because he was denied effective
assistance of trial counsel, as guaranteed by the Sixth Amendment to the United States
Constitution and Article I, Section 6 of the Minnesota Constitution. Specifically, Wayne
alleges that he received ineffective assistance of counsel because he was not informed of
a plea offer purportedly discussed during an in-chambers meeting that occurred during
1
Our opinion in Wayne I contains a detailed factual description of the murder and
evidence presented at trial. We limit our discussion here to facts directly relevant to this
petition and appeal.
2
his trial.2 Additionally, Wayne filed a motion for a postconviction evidentiary hearing
pursuant to Minn. Stat. § 590.04 (2014). The postconviction court denied Wayne’s
petition without an evidentiary hearing, concluding that his claim was time-barred under
Minn. Stat. § 590.01 and procedurally barred under State v. Knaffla, 309 Minn. 246, 252,
243 N.W.2d 737, 741 (1976). Wayne appealed.
We review the denial of postconviction relief for abuse of discretion. Reed v.
State, 793 N.W.2d 725, 729 (Minn. 2010). In other words, “a matter will not be reversed
unless the postconviction court exercised its discretion in an arbitrary or capricious
manner, based its ruling on an erroneous view of the law, or made clearly erroneous
factual findings.” Id. We review questions of law de novo. Sanchez-Diaz v. State, 758
N.W.2d 843, 846 (Minn. 2008).
A person convicted of a crime may file a petition for postconviction relief under
Minn. Stat. § 590.01, subd. 1. The postconviction court must hold an evidentiary hearing
“[u]nless the petition and the files and records of the proceeding conclusively show that
the petitioner is entitled to no relief.” Minn. Stat. § 590.04, subd. 1. “A postconviction
court may summarily deny a petition for postconviction relief when the petition is time
2
Wayne also impliedly raises three additional claims in his petition and supporting
memorandum of law: (1) that he received ineffective assistance of trial counsel because
he was represented by a family law attorney who was inexperienced in first-degree
murder cases or criminal law, more generally; (2) that he was not permitted to be present
during an in-chambers discussion regarding jury instructions, in violation of the Sixth
Amendment; and (3) that immediately following trial, certain jurors wished to change
their verdicts to “not guilty.” These claims, if they were in fact intended to be claims, are
forfeited on appeal to this court because they were not addressed in Wayne’s briefs. See
Rainer v. State, 566 N.W.2d 692, 694 n.1 (Minn. 1997).
3
barred.” Staunton v. State, 842 N.W.2d 3, 7 (Minn. 2014) (citing Riley v. State, 819
N.W.2d 162, 170-71 (Minn. 2012)).
All petitions for postconviction relief must be filed within 2 years of the final
disposition of the petitioner’s direct appeal. Minn. Stat. § 590.01, subd. 4(a). Petitioners
like Wayne whose convictions became final before August 1, 2005, the effective date of
the time limit, were required to file their postconviction petitions on or before July 31,
2007. Sanchez v. State, 816 N.W.2d 550, 555 (Minn. 2012). Wayne’s sixth petition is
untimely under Minn. Stat. § 590.01, subd. 4(a), because Wayne filed it in 2013—well
after the July 31, 2007 deadline.
Wayne argues, however, that two of the exceptions to the time limit set forth in
Minn. Stat. § 590.01, subd. 4(b), apply to his claim. First, Wayne argues that he “asserts
a new interpretation of federal . . . constitutional . . . law” by the United States Supreme
Court that is retroactively applicable to his case. Minn. Stat. § 590.01, subd. 4(b)(3).
Wayne specifically asserts that Missouri v. Frye, __ U.S. __, 132 S. Ct. 1399 (2012), and
Lafler v. Cooper, __ U.S. __, 132 S. Ct. 1376 (2012), established a new interpretation of
Sixth Amendment law regarding ineffective assistance of counsel in the plea negotiation
context. Even were we to assume that Frye and Cooper announced a new rule of federal
constitutional law, such rule would apply to Wayne’s claim of ineffective assistance only
if he established that a plea offer was actually made. See Frye, 132 S. Ct. at 1408
(holding that “as a general rule, defense counsel has the duty to communicate formal
offers from the prosecution to accept a plea” (emphasis added)); Cooper, 132 S. Ct. at
1384, 1387 (noting that the issue addressed by the Court, namely how to establish that a
4
defendant was prejudiced when ineffective advice of counsel resulted in a rejection of a
plea offer, “simply does not arise” if “no plea offer is made”).
The sole factual support Wayne offers for his claim that a plea offer was made but
not communicated are isolated statements from a portion of the trial transcript
documenting an in-chambers conference about jury instructions. Wayne highlights an
exchange between the prosecutor and Wayne’s defense counsel relating to whether
defense counsel wished to withdraw a prior request “for manslaughter.” Wayne argues
that the exchange refers to a plea offer that would have involved Wayne pleading guilty
to manslaughter. The postconviction court, however, found that the statements cited by
Wayne “evince a discussion of jury instructions—not any sort of plea negotiation, offer,
or withdrawal.”
On their face, the statements cited by Wayne support the postconviction court’s
finding. The court stated that it was convening in chambers with counsel to discuss jury
instructions. The court and counsel discussed a proposed aiding and abetting instruction.
When the court asked if there was “[a]nything else,” the prosecutor noted that defense
counsel had “asked for manslaughter one time.” Defense counsel responded, and the
court confirmed, that defense counsel withdrew the request. The context shows clearly
that the discussion was about instructions and had nothing to do with any plea offer.
Accordingly, Frye and Cooper are not applicable to Wayne’s claim. Thus, the
subdivision 4(b)(3) exception to the statutory time limit is inapplicable.
Wayne also urges that his petition fits within the subdivision 4(b)(5) exception to
the time limit. This exception requires that the petitioner “establish[] to the satisfaction
5
of the court that the petition is not frivolous and is in the interests of justice.” Minn. Stat.
§ 590.01, subd. 4(b)(5). A petition is frivolous when “it is perfectly apparent, without
argument, that the claims in the petition lack an objective, good-faith basis in law or
fact.” Wallace v. State, 820 N.W.2d 843, 850 (Minn. 2012). Because the record offers
no suggestion that there was a plea offer, it is apparent without argument that Wayne’s
claim of ineffective assistance of counsel lacks an objective basis in fact. The exception
is inapplicable.
Because Wayne’s petition is untimely under Minn. Stat. § 590.01, subd. 4(a), and
because neither of the exceptions on which he relies applies, his petition is time-barred.3
The district court did not abuse its discretion by denying Wayne’s petition for
postconviction relief without an evidentiary hearing.
Affirmed.
3
Wayne also argues that his claim is not barred under Knaffla, 309 Minn. at 252,
243 N.W.2d at 741, because the exceptions to the Knaffla rule apply. We need not
address the Knaffla issue because the petition is time-barred under Minn. Stat. § 590.01,
subd. 4. Additionally, we do not address the applicability of Minn. Stat. § 590.01,
subd. 1 (“A petition for postconviction relief after a direct appeal has been completed
may not be based on grounds that could have been raised on direct appeal of the
conviction or sentence.”), because it was not referenced by the postconviction court.
6