Odell v. State
Odell v. State
Opinion of the Court
*105In 2000, appellant Darren Paul Odell shot and killed his father during an Easter family gathering. After a bifurcated bench trial, Odell was found guilty of first-degree murder and sentenced to life in prison. We affirmed Odell's conviction on direct appeal. In September 2018, Odell petitioned for postconviction relief, which the postconviction court summarily denied. Because the postconviction court did not abuse its discretion, we affirm.
FACTS
On Sunday, April 23, 2000, Odell attended Easter dinner at his great aunt's house in Blaine. After his father arrived, Odell retrieved a 9mm Beretta handgun from his truck and fatally shot his father in the chest three times. An Anoka County grand jury indicted Odell for first-degree murder.
During the months following Odell's arrest, defense counsel complained about Odell's inability to meaningfully participate in his defense due to Odell's declining mental health and worsening symptoms. Defense counsel filed a motion under Minn. R. Crim. P. 20.01 to determine whether Odell was competent to stand trial. The district court ordered a competency examination. Two doctors, including the State's expert witness, examined Odell. Each determined that Odell was not competent to stand trial. After an uncontested competency hearing, the district court agreed that Odell was not competent to stand trial. Odell was then civilly committed to the Minnesota Security Hospital in Saint Peter, where he was treated aggressively with neuroleptic medication.
After a period of hospitalization, Odell was deemed competent to stand trial. He pleaded not guilty by reason of mental illness and waived his right to a jury trial. At the conclusion of the first phase of the bifurcated bench trial, the district court found that the State had proved beyond a reasonable doubt that Odell had committed the crime of first-degree murder. At the end of the second phase, the district court concluded that Odell had failed to sustain his burden to prove the mental illness defense and sentenced him to life in prison. We affirmed Odell's conviction on direct appeal. State v. Odell ,
In September 2018, Odell filed a petition for postconviction relief, which the postconviction court summarily denied. Odell appeals.
ANALYSIS
We review a postconviction court's summary denial of postconviction relief for an abuse of discretion. Andersen v. State ,
A petitioner is not entitled to relief and "[n]o hearing is required if a petition is untimely under the postconviction statute of limitations." Bolstad v. State ,
Notwithstanding the 2-year limitations period, a postconviction court may hear an untimely petition if the petitioner has alleged facts that, if true, would meet one of the five exceptions to the 2-year statute of limitations. See
Odell's conviction became final 90 days after our March 2004 decision on his direct appeal. See Berkovitz v. State ,
On appeal, Odell argues that trial counsel was unconstitutionally ineffective and that an expert witness for the State provided unreliable testimony at trial. We address each issue in turn.
I.
Odell raises three claims of ineffective assistance of counsel. First, Odell asserts that trial counsel was ineffective for failing to adequately cross-examine one of the State's physician expert witnesses. Odell points to the interests-of-justice exception under
Odell's second claim of ineffective assistance concerns the workload of public defenders. Citing a law review article, Odell argues that trial counsel was unconstitutionally *107ineffective because, according to the article, public defenders are overworked and delegate too many responsibilities to their law clerks. Odell, who was represented by a team of two public defenders through the entirety of the proceedings, does not provide any facts that would show that his public defenders were so overworked that they were unconstitutionally ineffective in this case. Therefore, this claim is meritless.
Finally, Odell argues that trial counsel was ineffective for failing to call him to testify at the 2001 hearing to determine whether he was competent to stand trial. Here too Odell does not allege that an injustice occurred that prevented him from timely petitioning for postconviction relief. See
II.
Odell next attacks the reliability and credibility of the trial testimony of one of the State's physician expert witnesses. Odell relies on a letter that was published in an advocacy organization's summer 2016 newsletter. The letter, written by a civilly committed patient, expressed the patient's opinion of-and dissatisfaction with-the State's expert, who, according to the patient, was a physician at the institution where that patient was receiving treatment. Essentially, Odell alleges that he has discovered new evidence.
The postconviction statute provides that newly discovered evidence may "not [be used] for impeachment purposes."
CONCLUSION
For the foregoing reasons, we affirm the postconviction court's summary denial of postconviction relief.
Affirmed.
Reference
- Full Case Name
- Darren Paul ODELL v. STATE of Minnesota
- Status
- Published