Case Blog: Ferguson v. State

Case Blog: Ferguson v. State

Just another showing that the world of Post-Conviction Relief is difficult.  It is always better to make every effort to get everything right the first time.

A12-0310        Jermaine Ferguson, petitioner, Appellant, vs. State of Minnesota, Respondent. 

Hennepin County.
1.   The affidavit in support of the appellant’s witness-recantation claim does not have sufficient corroboration to satisfy the statement-against-interest exception to the hearsay rule in Minn. R. Evid. 804(b)(3).
2.   The postconviction court did not abuse its discretion when it denied the appellant’s witness-recantation claim because the appellant failed to present any admissible recantation evidence at the evidentiary hearing.
3.   The appellant’s claim of ineffective assistance of postconviction counsel fails because the appellant does not have a constitutional right to effective assistance of postconviction counsel when he previously had a counseled direct appeal.
Affirmed.  Justice David R. Stras.
10:32 PM 3/3/2013

By: Landon J. Ascheman, Esq.
Landon@AschemanSmith.com
(B) 612.217.0077 (C) 651.280.9533 (F) 651.344.0700


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