PAGE, Justice.
This is an appeal from the postconviction court's denial of appellant Robert Michael Hughes' second petition for postconviction relief. After a jury trial in October 2006, Hughes was found guilty, subsequently convicted, and sentenced to a mandatory term of life imprisonment for the murder of his wife, Tammy, under Minn.Stat. § 609.185(a)(1) (2012) (first-degree premeditated murder).
With the assistance of court-appointed counsel, Hughes filed a direct appeal, raising two claims: (1) insufficient evidence to support, his premeditated murder conviction; and (2) errors in failing to provide two jury instructions. State v. Hughes (Hughes I), 749 N.W.2d 307, 309 (Minn. 2008). Hughes also filed a pro se supplemental brief raising several additional claims, including ineffective assistance of trial counsel/access to the courts. We affirmed and denied all of Hughes' pro se claims, holding that they were "without merit." Id. at 318. The United States Supreme Court denied Hughes' petition for a writ of certiorari in November 2008. Hughes v. Minnesota, 555 U.S. 1036, 129 S.Ct. 605, 172 L.Ed.2d 464 (2008).
Hughes filed his first petition for postconviction relief in November 2010, raising 18 separate grounds for relief. The postconviction court denied relief without a hearing. Hughes appealed, and we affirmed. Hughes v. State (Hughes II), 815 N.W.2d 602, 604 (Minn.2012). Hughes again appealed to the United States Supreme Court, which again denied certiorari. Hughes v. Minnesota, ___ U.S. ___, 133 S.Ct. 856, 184 L.Ed.2d 673 (2013).
Hughes filed the petition for postconviction relief at issue in this appeal in March 2013. In this, his second petition, Hughes alleged several claims for relief,
We review the denial of a petition for postconviction relief for an abuse of discretion. Erickson v. State, 842 N.W.2d 314, 318 (Minn.2014). In doing so, we review findings of fact for clear error and questions of law de novo. Id.
Hughes first argues that the postconviction court erred when it denied his request for court-appointed counsel to assist him with his petition for postconviction relief. He argues that, "to present a claim of ineffective assistance of [trial] counsel in accordance with the State's procedures," he needed the help of an attorney. The postconviction court, citing Barnes v. State, 768 N.W.2d 359 (Minn. 2009), denied his request. In Barnes, we held that a defendant who has been represented by counsel on direct appeal has no right under the Minnesota Constitution to the assistance of appointed counsel in a subsequent postconviction proceeding.
Hughes was represented by appointed counsel on direct appeal. Hughes I, 749 N.W.2d at 309. Hughes' second petition for postconviction relief is a subsequent postconviction proceeding. As a result, Hughes has no right to appointed counsel in this appeal. Therefore, the postconviction court did not abuse its discretion when it denied Hughes' request for appointed counsel to assist him with the instant petition for postconviction relief.
We turn next to the postconviction court's denial of Hughes' petition without holding an evidentiary hearing. The postconviction court held that Hughes' petition for postconviction relief is procedurally barred for three reasons: (1) Hughes' direct appeal has been completed and the asserted grounds for relief were raised in his direct appeal, Minn.Stat. § 590.01, subd. 1 (barring a petition for postconviction relief that follows completion of a direct appeal if the postconviction petition is based on grounds that could have been raised on direct appeal of the conviction or sentence); (2) it is a successive petition in which the issues raised were addressed on direct appeal and in his first petition for postconviction relief, Minn.Stat. § 590.04, subd. 3 (permitting the postconviction court to summarily deny a second or successive
On appeal, Hughes argues that the postconviction court erred when it denied his petition without holding an evidentiary hearing. We disagree. When a petitioner alleges facts that, even if true, are legally insufficient to entitle him to the requested relief, the postconviction court need not hold an evidentiary hearing. Minn.Stat. § 590.04, subd. 1 (2012); Greer v. State, 836 N.W.2d 520, 522 (Minn.2013). Like the postconviction court, we conclude that Hughes' claims in the instant petition for postconviction relief are time-barred. See Minn.Stat. § 590.01, subd. 4(a)(2); see also id., subd. 4(b)(5) (providing that a court may consider a time-barred petition in the interests of justice only if the petition is not frivolous); Berkovitz v. State, 826 N.W.2d 203, 209 (Minn.2013) (concluding that an ineffective-assistance-of-trial-counsel claim was frivolous because it had been previously presented and rejected on direct appeal). Therefore, we hold that the postconviction court did not abuse its discretion when it summarily denied Hughes' petition for postconviction relief.
Affirmed.