C5-00-1892, Brad Alan Voorhees, petitioner, Appellant, vs. State of Minnesota, Respondent. June 14, 2001

Case Date: 09/26/2002
Court: Supreme Court
Docket No: C5-00-1892, Brad Alan Voorhees, petitioner, Ap

STATE OF MINNESOTA

IN SUPREME COURT

C5-00-1892

St. Louis County  Anderson, Paul H., J.
 

Brad Alan Voorhees, petitioner,

Appellant,

vs.


State of Minnesota,

Respondent.

 

Filed: June 21, 2001
Office of Appellate Courts



S Y L L A B U S


               The postconviction court did not abuse its discretion in dismissing, without an evidentiary hearing, claims regarding ineffective assistance of trial counsel, treatment of blood evidence, and jury instructions that were either raised or known but not raised at the time of direct appeal.

When raised by the appellant, this court may decide ineffective assistance of trial counsel claims on direct appeal rather than remanding the claims to the postconviction court when the record is sufficient to determine the issue without additional fact finding.

The postconviction court did not abuse its discretion in dismissing, without an evidentiary hearing, petitioner