Gaulke v. State, 43681
| Decision Date | 13 April 1973 |
| Docket Number | No. 43681,43681 |
| Citation | 296 Minn. 487,206 N.W.2d 652 |
| Parties | Leonard GAULKE, Appellant, v. STATE of Minnesota, Respondent. |
| Court | Minnesota Supreme Court |
C. Paul Jones, Public Defender, Minneapolis, for appellant.
Warren Spannaus, Atty. Gen., St. Paul, Julius E. Gernes, County Atty., Winona, for respondent.
Considered en banc without oral argument.
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of 7 to 30 years rather than 14 to 60 years because the second-offender statute then in effect, Minn.St.1953, § 610.28 (superseded in 1963 by Minn.St. 609.155), would not have had any application.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.
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Carlton v. State, No. A10–2061.
...(per curiam) (concluding that a 46–year delay in bringing a postconviction petition precluded relief); Gaulke v. State, 296 Minn. 487, 487, 206 N.W.2d 652, 652 (1973) (per curiam) (denying defendant's postconviction petition where he had delayed bringing the petition for 25 years).14 Adopti......
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Butala v. State
...against granting relief, and in extreme cases may justify denial of relief. Rairdon, 557 N.W.2d at 322 (citing Gaulke v. State, 296 Minn. 487, 487, 206 N.W.2d 652, 652 (1973) (relief denied based on 25-year delay)). But we have a commitment to convicted defendants' rights to at least one su......
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James v. State, No. A03-489.
...and in extreme cases may justify denial of relief. Rairdon v. State, 557 N.W.2d [318,] 322 [(Minn.1996)] (citing Gaulke v. State, 296 Minn. 487, 487, 206 N.W.2d 652, 652 (1973) (relief denied based on 25-year delay)). But we have a commitment to convicted defendants' rights to at least one ......
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Johnson v. State
... ... [28 U.S.C.] § 2254 and § 2255 Cases to incorporate the doctrine of `laches' should not apply with equal force to Rule 32(d) motions."); Gaulke v. State, 296 Minn. 487, ... 206 N.W.2d 652, 652 (1973) ("We hold that the district court properly denied the petition on the ground that petitioner, ... ...