State v. Myers

This is an appeal by the state pursuant to Minn.St. 590.06 from an order of the Wino-na County District Court granting defendant’s petition for postconvietion relief from a conviction for driving while under the influence of alcohol, § 169.121, subd. 1(a). The state’s main contention is that the issue upon which relief was granted was already litigated on direct appeal and that therefore defendant-petitioner is barred from raising the issue in a postconvietion proceeding. We agree, and reverse the order of the district court granting postconvietion relief.

Defendant was found guilty by a…