Opinion
A21-1560
02-22-2023
Larry Jonnell Gilbert v. State of Minnesota
ORDER ON PETITION FOR FURTHER REVIEW
Issues Granted:
1) Does the court of appeals panel's precedential decision conflict with this court's precedent in State v. Knaffla deciding when the Knaffla bar applies, where Gilbert in the court of appeals opposed the State's assertion of the bar, and the district court implicitly, if not explicitly, found fairness required consideration of Gilbert's post-conviction claim?
2) Did the court of appeals err in its application of the Larrison false-testimony rule by characterizing the State expert's clearly false testimony that the major DNA profile (Gilbert's) found on the gun as not false, but as creating only a difference of opinion between Gilbert's DNA expert and the State's expert as to whether the major DNA profile found on the gun Gilbert allegedly possessed arrived on it via a secondary transfer, thus making inapplicable this court's precedent that false testimony on a material matter requires a new trial?
Granted