DEEGAN v. STATE

No. A05-24.

711 N.W.2d 89 (2006)

Daniel DEEGAN, Appellant, v. STATE of Minnesota, Respondent.

Supreme Court of Minnesota.

March 23, 2006.


Attorney(s) appearing for the Case

Mark D. Nyvold, St. Paul, MN, for appellant.

Mike Hatch, Attorney General, John S. Garry, Assistant Attorney General, St. Paul, MN, Alan L. Mitchell, St. Louis County Attorney, Duluth, MN, for respondent.

Heard, considered, and decided by the court en banc.


OPINION

HANSON, Justice.

We review the question of whether Minn.Stat. § 590.05 (2004) violates the United States or Minnesota Constitutions because it provides that a petitioner who pleaded guilty, received no greater than the presumptive sentence, and did not pursue a direct appeal is not entitled to representation by the state public defender in a postconviction petition if the state public defender reviews the case and determines that there is no...

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