Kenneth E. Murray v. Sheryl Ramstad Hvass, Commissioner of Corrections

I respectfully dissent.

I quote language from an important Eighth Circuit case, which is appropriate to the instant case:

The history of this case illustrates not only the foolishness and inefficiency, but more importantly the injustice which results when courts rigidly apply procedural rules in posUconviction proceedings without regard to the function and importance of the writ.

Ashby v. Wyrick, 693 F.2d 789, 794 (8th Cir.1982) (Lay, Chief Judge, concurring).

Mr. Murray contends that his ineffective assistance of trial counsel claim deserves federal review because the Minnesota *901courts applied…