Preview:

STATE OF MINNESOTA IN SUPREME COURT A07-1983 Lyon County Gildea, J. Took no part, Magnuson, C.J.

Gilberto Arredondo, petitioner, Appellant, vs. State of Minnesota, Respondent. Filed: August 14, 2008 Office of Appellate Courts

________________________

Lawrence Hammerling, Chief State Appellate Public Defender, St. Paul, Minnesota, for appellant. Theodore David Sampsell-Jones, Special Assistant State Public Defender, St. Paul, Minnesota, for appellant. Lori Swanson, Attorney General, St. Paul, Minnesota, for respondent. Richard Robert Maes, Lyon County Attorney, Marshall, Minnesota, for respondent.

________________________

S Y LL A B U S 1. Petitioners postconviction claims that the jurys verdicts were legally

inconsistent, that hearsay evidence was improperly admitted, that he was denied his right to consular assistance under the Vienna Convention on Consular Relations, and that trial 1

counsel was ineffective for failing to pursue these errors are barred by State v. Knaffla, 309 Minn. 246, 243 N.W.2d 737 (1976). 2. Petitioner is not entitled to relief on the basis of ineffective assistance of

appellate counsel because he failed to demonstrate that counsels performance fell below an objective standard of reasonableness. Affirmed. O PI N I O N GILDEA, Justice. This case comes to us on appeal from the postconviction courts denial of appellant Gilberto Arredondos petition for postconviction relief. Arredondo was

convicted of first-degree felony murder for the 1993 death of Ramon Guardiola. We affirmed the conviction on direct appeal. State v. Arrendondo, 531 N.W.2d 841 (Minn. 1995).1 Arredondo subsequently petitioned for postconviction relief, but the

postconviction court denied the petition without holding an evidentiary hearing. We affirm. The facts underlying the crime and the evidence against Arredondo are set forth in our opinion in Arredondos direct appeal. See Arrendondo, 531 N.W.2d 841. Arredondo was indicted for first-degree premeditated murder, Minn. Stat.

Download A07-1983, Gilberto Arredondo, petitioner, Appellant, vs. State of Minnesota, Res

Minnesota Law