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Materials - The Network of Trial Law Firms

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Dukes, for example, raised several claims in a postconviction petition following his directappeal, including: (1) the accomplice’s guilty plea testimony was admitted improperly, (2) trialcounsel conceded his guilt during closing argument. Dukes, 621 N.W.2d at 251-252. <strong>The</strong>postconviction ruled that both claims were Knaffla-barred because they were not raised in thedirect appeal. Id. at 251-252, 255. On appeal, the Supreme Court held the first issue wasKnaffla-barred because “the legal basis for this claim was available at the time <strong>of</strong> Dukes’ directappeal.” Id. at 251. That is, no evidentiary hearing was required for the court to decide the issueon appeal. Id. <strong>The</strong> second issue was not Knaffla-barred, however, because the court could notmake a decision on the merits <strong>of</strong> the claim without considering testimony from Dukes and histrial attorney. Id. at 255.Likewise, in Robinson v. State, 567 N.W.2d 491 (Minn. 1997), Robinson raised a number<strong>of</strong> claims <strong>of</strong> ineffective assistance <strong>of</strong> trial counsel. Most <strong>of</strong> the claims were Knaffla-barredbecause they could have been decided “by an appellate court on direct appeal based on the briefsand trial court transcript, without any additional fact-finding.” Id. at 495. Robinson’s claim thattrial counsel failed to communicate two plea <strong>of</strong>fers was not Knaffla-barred because to evaluatethe claim the court would need to hear from the defendant, the trial attorney, and any otherpotential witness who might have knowledge <strong>of</strong> conversations between the defendant and hisattorney. Id. <strong>The</strong> Court concluded, “for this reason, an ineffective assistance <strong>of</strong> counsel claimsuch as this is properly raised in a petition for post-conviction relief, even though it was knownat the time <strong>of</strong> direct appeal.”Olson’s claims <strong>of</strong> ineffective assistance <strong>of</strong> trial counsel might have been known at thetime <strong>of</strong> direct appeal, but they could not be raised on direct appeal because the claims require

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