Gaulke v. State
The holding in the court’s own words
We hold that the district court properly denied the petition on the ground that petitioner, who knew about the allegedly newly discovered evidence in late and yet did not petition for relief on that basis until 1971, did not act with due diligence in seeking relief.
Quoted verbatim from the opinion — no paraphrase, nothing generated. Not yet human-reviewed. How we find the holding.
Cited by
- Carlton v. State 816 N.W.2d 590 Minn. 2012
- Stutelberg v. State 741 N.W.2d 867 Minn. 2007
- James v. State 699 N.W.2d 723 Minn. 2005
- Butala v. State 664 N.W.2d 333 Minn. 2003
- Boitnott v. State 640 N.W.2d 626 Minn. 2002
- Sutherlin v. State 574 N.W.2d 428 Minn. 1998
- Black v. State 560 N.W.2d 83 Minn. 1997
- Rairdon v. State 557 N.W.2d 318 Minn. 1996
- Bailey v. State 414 N.W.2d 503 Minn. Ct. App. 1987
- State v. Larson 409 N.W.2d 63 Minn. Ct. App. 1987
Authorities cited
Identified automatically; this list may not be exhaustive.
- Collins v. Bridgland 206 N.W.2d 652
Opinion text
Per Curiam. Petitioner, a prisoner at the state prison, appeals from the district court’s order denying his petition for postconviction relief. We affirm. In 1946 petitioner was convicted of second-degree robbery. Minn. St. 1945, § 619.43. Had it not been for this conviction, petitioner, when convicted in 1953 of rape, Minn. St. 1953, § 617.01, would have received a sentence of 7 to 30 years rather than 14 to 60 years because the second-offender statute then in effect, Minn. St. 1953, § 610.28 (superseded in 1963 by Minn. St. 609.155), would not have had any application. Petitioner now seeks to overturn the 1946 conviction on the ground of newly discovered evidence, hoping thereby to have his sentence of 14 to 60 years reduced to a 7 to 30-year sentence. We hold that the district court properly denied the petition on the ground that petitioner, who knew about the allegedly newly discovered evidence in late 1946 and yet did not petition for relief on that basis until 1971, did not act with due diligence in seeking relief. Affirmed.