Crow v. State
Can I rely on this case?
Yes — no negative treatment found
- —
- —
- —
- —
Analysis generated from citing opinions in this archive. Not legal advice.
Crow v. State
Opinion of the Court
In 2005, a jury found appellant Keith Hapana Crow (Crow) guilty of aiding and *7abetting the first-degree felony murder of Robert Berry, Jr. (Berry). On direct appeal, we affirmed Crow's conviction. State v. Crow ,
FACTS
On the evening of September 23, 2004, Crow arranged and attended a party at a friend's residence in Morton.
A jury found Crow guilty of aiding and abetting first-degree felony murder while committing a kidnapping,
Crow filed his first petition for postconviction relief on July 14, 2008, arguing ineffective assistance of counsel and prosecutorial misconduct. The postconviction court summarily denied this petition, concluding that even if Crow's allegations were true, his counsel's performance did not fall below standards of reasonableness and there was no reasonable probability that the outcome of Crow's trial would have been different. Regarding the alleged prosecutorial misconduct, the postconviction court held that such a claim was either raised during direct appeal, or was known or knowable to Crow but not raised, and consequently was procedurally barred. Crow did not appeal the denial of his first postconviction petition.
Crow filed his second postconviction petition on January 6, 2009, arguing that
*8Crow filed his third postconviction petition on March 11, 2013, arguing that he was entitled to relief because (1) newly discovered evidence in the form of an affidavit from J.P., another participant in the murder, asserted that Crow was not actively involved in the murder; (2) newly discovered evidence of an email from a juror expressed doubts about the justness of the verdict; and (3) based on the location of the residence where Crow and Berry initially fought, Crow's trial took place in the wrong venue. The postconviction court summarily denied the petition. The court ruled that J.P.'s affidavit was not newly discovered evidence because it was known or knowable to Crow or his counsel at the time of trial and on direct appeal. The court noted that the juror email was dated November 28, 2007, and, therefore, the claim was barred because Crow knew or should have known of the email's existence before his first postconviction petition in July 2008. Finally, the court concluded that the improper-venue claim was procedurally barred because Crow knew or should have known that the venue was improper when he filed his direct appeal or prior petitions. Crow did not appeal the denial of his third postconviction petition.
In this appeal, we consider Crow's fourth postconviction petition. Crow raises several grounds for relief. First, Crow expresses frustration that the sentence of his codefendant, J.P., who was a minor when the crime occurred, was recently reduced from life in prison without the possibility of release to life in prison with the possibility of release in accordance with Jackson v. State ,
On November 6, 2017, the postconviction court summarily denied Crow's fourth postconviction petition without an evidentiary hearing. Concerning Crow's contention that he should be resentenced like his co-defendant, the postconviction court noted that J.P.'s resentencing was required by our decision in Jackson , which followed the United States Supreme Court's decisions in Miller v. Alabama ,
The postconviction court decided that each of Crow's remaining claims repeated claims raised, argued, and decided either in his direct appeal or in one of his previous postconviction petitions. Consequently, the court held that those claims were barred by the rule set forth in State v. Knaffla ,
Pursuant to
ANALYSIS
We review a postconviction court's summary denial of a petition for postconviction relief for an abuse of discretion. Andersen v. State ,
Minnesota's postconviction statute authorizes a person who claims that his conviction or his sentence violated his constitutional or legal rights to commence a proceeding "to secure relief by filing a petition in the district court in the county in which the conviction was had...."
"A petition for postconviction relief filed after a direct appeal has been completed may not be based on grounds that could have been raised on direct appeal of the conviction or sentence."
Knaffla 's procedural bar on claims that were known or knowable to a petitioner on direct appeal or during a prior postconviction proceeding is subject to two exceptions. First, if an issue is "so novel that its legal basis was not reasonably available at the time of the direct appeal," it may still be heard. Quick v. State ,
The person seeking postconviction relief bears the burden of establishing by a preponderance of the evidence that his claims merit relief. Hannon v. State ,
I.
Crow argues that the resentencing of his co-defendant, J.P., requires that Crow also be resentenced. Crow's argument fails as a matter of law.
On September 24, 2004, the date of Berry's murder, J.P. was a juvenile (age 16), while Crow was an adult (age 22). For his role in the murder of Berry, J.P. initially received the same sentence as Crow: life without the possibility of release. The Supreme Court of the United States subsequently held that the imposition of a mandatory term of life in prison without the possibility of release "for those under the age of 18 at the time of their crimes violates the Eighth Amendment's prohibition on 'cruel and unusual punishments.' " Miller ,
In Jackson , we held that "the most appropriate remedy [in light of Montgomery and Miller ] is as-applied severance" of the unconstitutional application of automatic-life-without-parole sentencing to juvenile offenders sentenced before Miller and "revival" of the prior version of the sentencing statute in effect on the date of the juvenile's conviction.
Because Crow was not a juvenile at the time of Berry's murder, Miller 's rule regarding *11the unconstitutionality of life without the possibility of release sentences for juveniles does not apply to him. See Munt v. State ,
Crow also asserts that the differential between his sentence and J.P.'s sentence violates the Equal Protection Clause. This argument lacks merit. In Munt , we rejected that same argument and held that, for sentencing, juveniles and adults are not similarly situated for purposes of the Equal Protection Clause. 880 N.W.2d at 383. Consequently, the legal basis behind J.P.'s resentencing has no impact on Crow's own sentence to life without the possibility of release, and therefore the postconviction court did not abuse its discretion by summarily denying that claim.
II.
Crow also argues that his life circumstances and comparable culpability to J.P. require that his sentence be modified to match J.P.'s modified sentence. Specifically, Crow contends that both he and J.P. suffered from a lack of maturity at the time of the murder and that both had fathers who were incarcerated and mothers who suffered from addiction. Those similarities, Crow states, require that he too be resentenced to life with the possibility of release. Additionally, Crow argues that his role as an aider and abettor (but not the principal) in Berry's murder, paired with his postconviction rehabilitation and conduct, require mitigation of his sentence. Finally, Crow argues that because his sentence is so much longer than J.P.'s sentence, his sentence constitutes cruel and unusual punishment prohibited by the Eighth Amendment.
The postconviction court did not abuse its discretion by rejecting Crow's claims arising from life circumstances and comparable culpability. As an initial matter, the Legislature has defined first-degree murder in the course of kidnapping as a "heinous crime" subject to a mandatory sentence of life without the possibility of release.
Further, in deciding Crow's direct appeal, we held that his sentence was both commensurate with his culpability and fair in comparison with his involvement in Barry's murder. Crow ,
The similarities in Crow's and J.P.'s life circumstances and family background do not change this conclusion. Again, Crow and J.P. were initially given the same sentence. It was only J.P.'s age at the time of the crime that made a constitutional difference and required a reduced sentence for J.P. Similarly, Crow's good behavior while in prison and his efforts to gain an education and career skills-while commendable-are not an independent legal basis for resentencing.
Crow also broadly asserts that despite his age at the time of the crime, he was just as immature as J.P., and he should therefore be resentenced. Crow vaguely refers to a report from the National Institutes of Health, which concludes that, based on a review of scientific studies, the development and maturation of the brain occurs primarily during adolescence and is not fully accomplished until the age of 25 years.
In addition, Crow argues that he is less culpable than J.P.-and so entitled to a reduced sentence-because he was convicted as an aider and abettor to first-degree murder in the course of a kidnapping rather than as the principal actor. That argument is to no avail. "[A] person is criminally liable for a crime committed by another if the person intentionally aids, advises, hires, counsels, or conspires with or otherwise procures the other to commit the crime."
Finally, for the same reasons stated above, Crow's argument that J.P.'s reduced sentences renders Crow's sentence of life without the possibility of release cruel and unusual also fails as a matter of law.
III.
Crow next claims that the jury instructions at his trial relieved the state of its burden of proof on some elements of a crime, citing State v. Mahkuk ,
Because we construe postconviction petitions and appeals liberally,
IV.
Crow also argues that Minnesota's postconviction relief statute,
The postconviction court properly concluded that this claim is procedurally barred. In his second petition for postconviction relief, Crow argued that
V.
We now turn to Crow's argument that his counsel at trial and on appeal was ineffective. The United States and Minnesota Constitutions guarantee a criminal defendant the right to effective assistance of counsel. See U.S. Const. amend. VI ; Minn. Const. art. I, § 6 ; see also Strickland v. Washington ,
To prevail on an ineffective assistance of counsel claim, appellant must show both that (1) his trial counsel's representation fell below an objective standard of reasonableness and (2) there is a reasonable probability that, but for the counsel's unprofessional errors, the result of the proceeding would have been different. State v. Hokanson ,
In this fourth postconviction petition, Crow makes several claims of ineffective assistance of counsel.
Crow first argues that his lawyer should have made a motion under Minn. R. Crim. P. 17.06, subd. 2 (2009), objecting to his indictment because he was "classically overcharged" as both "principal" and "aider and abettor." Even if this were a legitimate ground to attack an indictment, Crow's claim is procedurally barred. Crow knew that his lawyer did not object to the indictment when he filed his direct appeal or any of his previous postconviction petitions. The postconviction court did not abuse its discretion when it concluded that this claim of ineffective assistance of counsel is barred under Knaffla .
Crow next contends that the prosecutors offered his trial lawyer the following plea deal: Crow's sentence would be limited to 30 years in exchange for a guilty plea. Crow further claims that his trial lawyer rejected the plea offer without consulting Crow. Crow, however, offers no evidence aside from his own assertions that such a deal was ever offered. In addition, Crow does not state when he first learned about the purported plea offer. A *15postconviction court properly rejects ineffective assistance claims when based solely on "conclusory, argumentative assertions without factual support." Davis ,
Crow also claims that his trial lawyer should have hired a better, more effective investigator. Crow does not point to any evidence, however, that a different investigator might have found anything that would have made a difference in his case or otherwise allege sufficient facts to support the conclusion that the investigator was deficient or that he was prejudiced by any alleged deficiency. Cf. Fox , 913 N.W.2d at 436 (requiring the defendant to "allege sufficient facts to conclude what occurred (or did not occur) [and] that he was prejudiced by the alleged failure"). Further, Crow knew or should have known that the investigator was deficient when he filed a direct appeal or, at the very latest, when he filed his previous postconviction petition in 2008.
Crow claims that his trial counsel was ineffective because she failed to request a jury instruction for kidnapping or on the defense of intoxication, or to object when the jury asked to re-listen to the tapes of Crow's jailhouse calls. But Crow knew that his lawyer did not request kidnapping or intoxication instructions when he filed his direct appeal and his previous postconviction petitions. Crow also knew when he filed his direct appeal that his lawyer did not object when the jury asked to re-listen to the jailhouse tapes. Therefore, the postconviction court did not abuse its discretion when it concluded that these claims are barred under Knaffla.
Crow further asserts that his trial counsel should have requested a Rule 20
Crow also claims that his trial counsel should have demanded a speedy trial. See State v. Osorio ,
Finally, Crow claims that his lawyer provided ineffective assistance of counsel on appeal because she did not raise any of the issues raised above on appeal. Appellate counsel has no duty to raise all possible issues on appeal and may exclude those that detract from more meritorious issues. Hummel v. State ,
VI.
We also address Crow's argument that the court should ignore the statutory 2-year time bar set forth in
CONCLUSION
For the foregoing reasons, we affirm the postconviction court's summary denial of postconviction relief.
Affirmed.
A detailed discussion of the facts underlying Crow's conviction can be found in our decision on his direct appeal. See Crow ,
Crow's petition cites to
The Legislature mandates that any petition for postconviction relief must be filed within 2 years after the entry of judgment of conviction or sentence if no direct appeal is filed, or an appellate court's disposition of a petitioner's direct appeal, whichever is later.
The issue of whether good behavior in prison may be considered where resentencing is legally required for some other reason is not before us. Cf. Pepper v. United States ,
Crow also cites to multiple California laws that affect the sentences of persons who committed crimes when under the age of 18.
Crow makes this same argument as the basis for one of his claims of ineffective assistance of counsel. For the same reasons that we reject the jury-instruction argument here, Crow's ineffective assistance of counsel argument also fails.
Mahkuk was decided on August 9, 2007.
Crow relied on the same juror email in his third postconviction petition. The postconviction court denied Crow's claim based on the email on Knaffla grounds because the email was dated November 28, 2007, and Crow knew or should have known about the email when he filed his first postconviction petition in 2008. For the same reasons, Crow's current jury instruction claim, to the extent it relies on the email, is also Knaffla - barred.
Crow's sentence is not a departure under Minnesota statutes or sentencing guidelines. Indeed, Crow's sentence was plainly mandated by
Crow has been down this road before. Crow raised 12 ineffective assistance of counsel claims in his first postconviction petition. The postconviction court deciding the first petition rejected all 12 claims in explicit detail, concluding that even if Crow's lawyer were ineffective, there was no reasonable probability that the result of Crow's trial would have been different. The fourth postconviction court concluded that Crow's current "claims regarding ineffective assistance of counsel are repetitive of prior claims that have been raised, argued, and decided during Petitioner's direct appeal and first postconviction petition and are therefore barred from consideration upon a subsequent petition for postconviction relief." The postconviction court's conclusion is broadly correct and it did not abuse its discretion is denying the claims. Nonetheless, because we conclude that the specific grounds upon which the claim of ineffective assistance of counsel are based in the fourth postconviction petition differ sufficiently from those raised in the first postconviction petition, we address each ground individually.
Crow's only specific complaint about the investigator is that he did not ask the other individuals who were also charged in Berry's murder if they would testify at Crow's trial that Crow did nothing wrong. But Crow offers no proof that the other individuals would have agreed to testify or what they would have said. The only related evidence is a 2012 affidavit from J.P. that Crow submitted in connection with his third postconviction petition. In the affidavit, J.P. stated that Crow did not "actively participate" in the stabbing of Berry. To the extent that a valid ineffective assistance claim exists based on poor investigation, Crow knew or should have known about the claim at the very latest when he filed his third postconviction petition.
Under Minn. R. Crim. P. 20.01, subd. 3, "[i]f the prosecutor, defense counsel, or the court, at any time, doubts the defendant's competency, the prosecutor or defense counsel must make a motion challenging competency, or the court on its initiative must raise the issue."
Crow also included with his petition a few pages of mental health records from 2013 and 2016. The reports appear to diagnose Crow with major depressive disorder, antisocial personality disorder, and identified symptoms of posttraumatic stress disorder. But the reports do not indicate that Crow suffered from those conditions at the time of the trial in 2005. In addition, the reports note that Crow's "[r]esponse to medication appears to be good" and that his "[m]edication compliance appears to be good." Moreover, in generally analyzing Crow's mental state, one examining doctor noted that Crow appeared "alert and oriented," possessed "linear and goal directed" thought processes, and that Crow's insight and judgment "appear[ed] to be good." Another report stated that Crow "appeared alert, thought processes were organized and thought content was normal," that Crow's "speech was clear and was of normal rate, volume, and tone," and Crow's "[i]nsight and judgement (sic) were within normal limits." In short, these records from 2013 and 2016 do not form a sufficient basis to support Crow's claim that his counsel was ineffective in failing to assert that Crow was incompetent to stand trial in 2005. See Williams v. State ,
Crow was arrested on September 30, 2004, in Billings, Montana, after fleeing Minnesota following the murder. He was indicted on January 14, 2005, and his trial commenced on August 9, 2005.
Crow also broadly asserts that Knaffla -bar exceptions apply to his claims of ineffective assistance of counsel. We have reviewed each claim and we conclude that neither the novel-legal-theory exception nor the interests-of-justice exception saves any of Crow's ineffective assistance of counsel claims. See Perry v. State ,
Reference
- Full Case Name
- Keith Hapana CROW v. STATE of Minnesota
- Cited By
- 7 cases
- Status
- Published