Kou Moua v. State of Minnesota

Summary

The Minnesota Supreme Court affirmed the dismissal of Kou Moua’s third petition for postconviction relief following his conviction for first-degree premeditated murder. The court held that the petition was untimely under Minnesota Statutes section 590.01, subdivision 4, and that no statutory exception, including the interests-of-justice exception, applied.

Holdings

1. Moua's petition was untimely because he filed it after the applicable two-year postconviction filing deadline.
2. None of the statutory exceptions to the two-year filing limitation applied to Moua's petition.

Questions Presented

1. Whether Moua's third petition for postconviction relief was timely under Minnesota Statutes section 590.01, subdivision 4.
2. Whether any statutory exception to the two-year postconviction filing deadline applied.
3. Whether Moua was entitled to an evidentiary hearing on his ineffective-assistance and related postconviction claims.

Disposition

affirmed