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WAYNE v. STATE

No. C9-92-1170.

498 N.W.2d 446 (1993)

Michael WAYNE, f/k/a Michael Wayne Fenney, Appellant, v. STATE of Minnesota, Respondent.

Supreme Court of Minnesota.

April 9, 1993.

Attorney(s) appearing for the Case

John M. Stuart, State Public Defender, Lawrence Hammerling, Asst. State Public Defender, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., Paul R. Kempainen, Special Asst. Atty. Gen., St. Paul, and Larry Collins, Waseca County Atty., Waseca, for respondent.

Heard, considered and decided by the court en banc.

TOMLJANOVICH, Justice.

This is a direct appeal of the order of the district court of Waseca County denying appellant's postconviction petition. The petition sought a new trial based upon newly discovered evidence. The issue presented to this court is whether the postconviction court abused its discretion when it denied the petition. We believe the district court did not abuse its discretion and affirm.

Appellant...

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