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Sent: 2/15/2013 8:06:13 A.M. Central Standard Time
To: sharon4anderson@aol.com
Sent: 2/15/2013 8:06:13 A.M. Central Standard Time
A12-0908 Susan Rae Berkovitz, petitioner, Appellant, vs. State of Minnesota, Respondent.
Hennepin County.
The postconviction court did not abuse its discretion when it summarily denied the appellant’s second petition for postconviction relief because the petition was filed after the two-year limitations period in Minn. Stat. § 590.01, subd. 4(a) (2012) had expired, and neither the newly discovered evidence nor the interests of justice exceptions to the limitations period apply.
Affirmed. Justice David R. Stras.
Subj: Minnesota Supreme Court Summaries for February 15, 2013
Hennepin County.
The postconviction court did not abuse its discretion when it summarily denied the appellant’s second petition for postconviction relief because the petition was filed after the two-year limitations period in Minn. Stat. § 590.01, subd. 4(a) (2012) had expired, and neither the newly discovered evidence nor the interests of justice exceptions to the limitations period apply.
Affirmed. Justice David R. Stras.
Subj: Minnesota Supreme Court Summaries for February 15, 2013
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Berkovitz v. State
After a jury trial, Defendant
was convicted of first-degree premeditated murder and attempted first-degree
murder. Defendant was sentenced to life imprisonment. The Supreme Court affirmed
Defendant's convictions on direct appeal. Defendant filed a petition for habeas
corpus relief in federal district court, which was denied, and a petition for
postconviction relief in state court, which was also denied. Defendant
subsequently filed a second petition for postconviction relief, which the
postconviction court denied after concluding that the petition was filed after
the expiration of the two-year limitations period in Minn. Stat. 590.01, subd.
4(a)(2). The Supreme Court affirmed, holding that the district court did not
abuse its discretion in denying the petition as untimely, as the petition
satisfied neither exception to the limitations period.
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