CASE LAW UPDATE: Whether defendant’s petition for post conviction relief was procedurally barred?
Defendant brought a second petition for post conviction relief. It was denied. Defendant appealed. On appeal, defendant argued that: (1) his claims were not procedurally barred; and (2) that the former stalking statute, Minn. Stat. §609.749, subd. 2(2) (2016), was overbroad and unconstitutional as applied. The Minnesota Court of Appeals concluded that, because defendant knew or should have known of his constitutional claims at the time of his earlier prior direct appeal, his arguments were Knaffla barred. Affirmed.
Corrigan v. State, A20-1323, Scott County.
Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.