Gaulke v. State

Supreme Court of Minnesota

Gaulke v. State

206 N.W.2d 652, 296 Minn. 487, 1973 Minn. LEXIS 1236

CourtSupreme Court of Minnesota

DecidedApril 13, 1973

Docket43681

StatusPublished

Cited by13 cases

This text of 206 N.W.2d 652 (Gaulke v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gaulke v. State, 206 N.W.2d 652, 296 Minn. 487, 1973 Minn. LEXIS 1236 (Mich. 1973).

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Opinion

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 St. 1953, § 610.28 (superseded in 1963 by Minn.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.

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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 St. 1953, § 610.28 (superseded in 1963 by Minn.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.

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Bluebook (online)

206 N.W.2d 652, 296 Minn. 487, 1973 Minn. LEXIS 1236, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gaulke-v-state-minn-1973.

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