Nissalke v. StateAnnotate this Case
The Supreme Court affirmed the postconviction court’s summary denial of Defendant’s second postconviction petition, holding that the record conclusively showed that Defendant was not entitled to relief.
Defendant was convicted of first-degree premeditated murder. The Supreme Court affirmed. This appeal concerned the postconviction court’s summary denial of Defendant’s second petition for postconviction relief in which Defendant argued that he was entitled to relief under the newly-discovered-evidence or interests-of-justice exceptions to the two-year statute of limitations governing postconviction petitions. The Supreme Court affirmed, holding that the postconviction court did not abuse its discretion in summarily denying the petition because (1) certain claims did not satisfy the interests-of-justice exception to the statute of limitations, (2) other claims were untimely, and (3) the remaining claims were unsupported by arguments or legal authority.