No. 22-981

Emem Ufot Udoh v. Minnesota

Lower Court: Minnesota
Docketed: 2023-04-10
Status: Denied
Type: Paid
Response Waived
Tags: brady-violation due-process ineffective-assistance ineffective-assistance-of-counsel newly-discovered-evidence post-conviction post-conviction-relief prosecutorial-misconduct right-of-access right-of-access-to-court
Latest Conference: 2023-05-11
Question Presented (from Petition)

The Minnesota Court of Appeals concluded that the scope of Chapter §590 does not permit or allow a Defendant to raise - right of access to court - assignment of constitutional error in challenge to the Defendant's conviction or sentence. Under these circumstances and in light of recent Supreme Court ruling in Byington v. State, 981 N.W.2d 193 (Minn. October 26, 2022), Minnesota Chapter §590 does guarantee a Defendant such right of action as an assignment of error under the "Other Disposition" Prong of Chapter §590 to challenge Petitioner's conviction or sentence in a criminal case. The question presented for review is:

WHETHER THE COURT OF APPEALS ERRED AND VIOLATED PETITIONER'S DUE PROCESS RIGHT IN AFFIRMING THE DISTRICT COURT POST-CONVICTION ORDER DENYING RELIEF ON DEFENDANT'S - RIGHT OF ACCESS TO COURT TO TIMELY FILE AN APPELLATE BRIEF IN A19-1129 APPEAL CHALLENGING HIS CONVICTION ON THE FOLLOWING GROUNDS (1) NEWLY DISCOVERED EVIDENCE, (2) INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL, (3) INEFFECTIVE ASSISTANCE OF APPELLATE COUNSEL, (4) A BRADY VIOLATION, (5) THE STATE'S KNOWINGLY USE OF FALSE TESTIMONY, AND (6) PROSECUTORIAL MISCONDUCT BASED UPON THE STATE'S VOUCHING FOR THE CREDIBILITY OF THE COMPLAINANTS, IN LIGHT OF BYINGTON V. STATE, 981 N.W.2D 193 (MINN. OCTOBER 26, 2022)?

Question Presented (AI Summary)

Whether the court of appeals erred and violated petitioner's due process right

Docket Entries

2023-05-15
Petition DENIED.
2023-04-19
DISTRIBUTED for Conference of 5/11/2023.
2023-04-13
Waiver of right of respondent Minnesota to respond filed.
2023-04-06
Petition for a writ of certiorari filed. (Response due May 10, 2023)
2023-02-01
Application (22A691) granted by Justice Kavanaugh extending the time to file until April 22, 2023.
2023-01-11
Application (22A691) to extend the time to file a petition for a writ of certiorari from February 21, 2023 to April 22, 2023, submitted to Justice Kavanaugh.

Attorneys

Emem Ufot Udoh
Emem Ufot Udoh — Petitioner
Minnesota
Jonathan P. SchmidtHennepin County Attorney's Office, Respondent