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Robert Marlyn Taylor, petitioner, Appellant, vs. State of Minnesota, Respondent. A04-1432, Supreme Court, January 27, 2005.

STATE OF MINNESOTA IN SUPREME COURT A04-1432

Hennepin County Anderson, Russell A., J.

Robert Marlyn Taylor, petitioner, Appellant, v. Filed: January 27, 2005 Office of Appellate Courts State of Minnesota, Respondent.

SYLLABUS The postconviction court properly denied the petition for postconviction relief because petitioner's claim of racial discrimination in the state's use of a peremptory strike was previously raised and denied on direct appeal. Affirmed. Considered and decided by the court en banc without oral argument. OPINION ANDERSON, Russell A., Justice. Robert Marlyn Taylor was convicted of first-degree premeditated murder for the killing of John Turner and sentenced to life in prison. State v. Taylor, 650 N.W.2d 190 (Minn. 2002). The facts underlying Taylor's conviction can be found in our decision on direct appeal. Id. On direct appeal, Taylor raised, inter alia, a Batson issue claiming that the state's peremptory strike of a juror constituted purposeful racial discrimination and violated the Equal Protection Clause of the Fourteenth Amendment. Taylor, 650 N.W.2d at 196. We denied his claim. Id. Taylor subsequently brought a petition for postconviction relief raising the same Batson issue
file:///C|/Users/Peter/Desktop/opinions/opa041432-0127.htm[4/16/2013 9:10:43 PM]

Robert Marlyn Taylor, petitioner, Appellant, vs. State of Minnesota, Respondent. A04-1432, Supreme Court, January 27, 2005.

previously decided on direct appeal. Before us now is Taylor's appeal of the postconviction court's summary denial of his petition. A postconviction court "may summarily deny a petition when the issues raised in it have previously been decided by the Court of Appeals or the Supreme Court in the same case." Minn. Stat.

Download opa041432-0127.pdf

Minnesota Law