STRAS, Justice.
Following a jury trial, appellant Kenneth Octavius Wallace was convicted of first-degree felony murder, attempted second-degree criminal sexual conduct, and second-degree assault. We affirmed Wallace's convictions on direct appeal in 1997. State v. Wallace, 558 N.W.2d 469 (Minn. 1997). More than fourteen years later, on April 20, 2011, Wallace filed his second petition for postconviction relief, which the postconviction court summarily denied. Because we conclude that Wallace's postconviction claims are time barred under Minn.Stat. § 590.01, subd. 4 (2010), we affirm.
According to the testimony presented at
The jury found Wallace guilty of (1) first-degree felony murder, Minn.Stat. § 609.185(a)(2) (2010); (2) two counts of attempted second-degree criminal sexual conduct, Minn.Stat. § 609.343, subd. 1(c) (2010); and (3) second-degree assault, Minn.Stat. § 609.222 (2010). See Wallace, 558 N.W.2d at 472. The district court sentenced Wallace to (1) mandatory life imprisonment without the possibility of release for first-degree felony murder, (2) a concurrent 54-month sentence for attempted second-degree criminal sexual conduct, and (3) a concurrent 65-month sentence for second-degree assault. Id.
Wallace filed a direct appeal with this court challenging his convictions, arguing, among other things, that the circumstantial evidence presented at his trial was insufficient to establish intent to commit second-degree criminal sexual conduct and that his trial counsel was ineffective. Id. at 472-74. On January 16, 1997, we affirmed Wallace's convictions, concluding that the evidence presented at trial was sufficient to establish intent and that his trial counsel "was not ineffective." Id.
In May 2002, Wallace filed his first petition for postconviction relief. In the petition, Wallace argued that his trial and appellate counsel were ineffective. He also claimed that the felony murder statute, Minn.Stat. § 609.185 (2000), was unconstitutional and that, by sentencing him under that statute, the district court denied him due process. The postconviction court summarily denied Wallace's petition. The court concluded that Wallace's ineffective-assistance-of-trial-counsel and due-process claims were procedurally barred under State v. Knaffla, 309 Minn. 246, 252, 243 N.W.2d 737, 741 (1976), because the claims were raised, or could have been raised, on direct appeal. The court also concluded that Wallace's ineffective-assistance-of-appellate-counsel claim failed on the merits. Although Wallace filed a notice of appeal, we later dismissed his appeal for inactivity.
On January 21, 2005, Wallace filed a motion in the district court to correct his sentence. More specifically, he argued that his sentence violated Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), and Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). Wallace also moved for a new trial and appointment of counsel. The court denied both motions.
On April 20, 2011, Wallace filed his second petition for postconviction relief — the petition at issue in this appeal. In his petition, Wallace argued that (1) the district court erred by imposing multiple sentences, (2) the felony-murder statute is unconstitutional, (3) his trial and appellate
The question presented by this case is whether the postconviction court properly applied the time bar in Minn.Stat. § 590.01, subd. 4, in denying Wallace's second petition for postconviction relief. In 2005, the Legislature amended the postconviction statute, Minn.Stat. § 590.01 (2010), to add a provision requiring petitions for postconviction relief to be filed no "more than two years after the later of: (1) the entry of judgment of conviction or sentence if no direct appeal is filed; or (2) an appellate court's disposition of petitioner's direct appeal." Act of June 2, 2005, ch. 136, art. 14, § 13, 2005 Minn. Laws 901, 1097 (codified at Minn.Stat. § 590.01, subd. 4(a)). For petitioners like Wallace, however, whose convictions became final before August 1, 2005, the Legislature specified that petitioners had "two years after the effective date of this act to file a petition for postconviction relief." Id. at 1097-98. Because the effective date of the amendment was August 1, 2005, Wallace had until August 1, 2007, to file his petition. However, Wallace did not file his second petition for postconviction relief until April 20, 2011, which means that his petition is untimely unless it satisfies one of the five exceptions to the time bar in Minn.Stat. § 590.01, subd. 4(b).
Specifically, subdivision 4(b) permits a court to hear an otherwise time-barred petition if:
Minn.Stat. § 590.01, subd. 4(b). Wallace's petition fails to invoke specifically any of the exceptions to the time bar set out in subdivision 4(b). However, a postconviction petition need not "include specific citation to a subdivision 4(b) exception to invoke it." Roby v. State, 787 N.W.2d 186, 191 (Minn.2010). Rather, a postconviction court must examine the statement of the facts and the grounds supporting the petition, "`waive any irregularities or defects in form,'" and construe the petition liberally to determine whether the petitioner has invoked a subdivision 4(b) exception. Id. (quoting Minn.Stat. § 590.03 (2010)).
In this case, the memorandum accompanying Wallace's petition urged the postconviction court to consider the petition in the "interest[s] of justice." Liberally construing Wallace's petition and the documents accompanying it, we conclude that Wallace's reference to the "interest[s] of justice" in his memorandum sufficiently invoked the interests-of-justice exception set forth in Minn.Stat. § 590.01, subd. 4(b)(5). See Rickert v. State, 795 N.W.2d 236, 241 (Minn.2011) (construing liberally a postconviction petition and accompanying documents to conclude that a petitioner had adequately invoked the interests-of-justice exception).
After concluding that Wallace adequately invoked the interests-of-justice exception, the next step is to determine whether he has "establishe[d] to the satisfaction of the court that the petition is not frivolous and is in the interests of justice." Minn. Stat. § 590.01, subd. 4(b)(5). To satisfy the interests-of-justice exception, in other words, a petitioner must satisfy two requirements: (1) that the petition "is not frivolous," and (2) that the petition "is in the interests of justice." If Wallace's petition fails to meet either of those requirements, then his petition is time barred and we will not consider the merits of his claims.
Although we have extensively defined what a petitioner must show to obtain relief in the "interests of justice," we have only briefly described what it means for a postconviction petition to be "frivolous." Gassler v. State, 787 N.W.2d 575, 586-87 (Minn.2010). In Gassler we stated, without further explanation, that a petition is "frivolous" if it is "perfectly apparent, without argument, that the petition is without merit." Id. at 586. In Rickert, we explained further that a petition is not frivolous if the petitioner can show "a good-faith basis for the claim[s]" made therein, "not that [the petitioner] necessarily would succeed on the merits." 795 N.W.2d at 241.
Other courts have defined the term "frivolous" in a similar manner. For example, in Neitzke v. Williams, the Supreme Court of the United States addressed the meaning of the term "frivolous" for purposes of the federal in forma pauperis statute, 28 U.S.C. § 1915 (2006). See Neitzke v. Williams, 490 U.S. 319, 324-25, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989). Relying on the definition of legal frivolousness from Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), the
The definitions in Rickert, Neitzke, and Hodges closely track the plain and ordinary meaning of the term "frivolous." See Webster's Third New International Dictionary 913 (2002) (defining "frivolous" as "of little weight or importance: having no basis in law or fact") (emphasis added). Indeed, those definitions are also consistent with the way we have defined the term "frivolous" in other contexts. See, e.g., Bond v. Comm'r of Revenue, 691 N.W.2d 831, 839 (Minn.2005) (holding that the taxpayer filed a "frivolous return" because it "ha[d] no basis in law or fact"). Accordingly, we conclude that a petition is "frivolous" under Minn.Stat. § 590.01, subd. 4(b)(5) if it is perfectly apparent, without argument, that the claims in the petition lack an objective, good-faith basis in law or fact.
A claim lacks an objective, good-faith basis in law if it rests upon "an indisputably meritless legal theory." Neitzke, 490 U.S. at 327, 109 S.Ct. 1827. For example, a claim that is contrary to directly controlling legal authority — made without a good-faith argument for an extension, modification, or reversal of existing law — qualifies as "indisputably meritless." See Rabideau v. City of Racine, 243 Wis.2d 486, 627 N.W.2d 795, 805 (2001) (noting that an action is frivolous when it cannot "be supported by a good faith argument for an extension, modification or reversal of existing law"); cf. Minn. R. Prof. Conduct 3.1 (describing a claim as not frivolous if it is based on "a good faith argument for an extension, modification, or reversal of existing law"). Similarly, a claim is "indisputably meritless" when it clearly is procedurally barred, it asserts the infringement of a legal interest that plainly does not exist, or the record completely contradicts it. See Neitzke, 490 U.S. at 327, 109 S.Ct. 1827; Hodges, 332 Ill.Dec. 318, 912 N.E.2d at 1212; see also People v. Alcozer, 241 Ill.2d 248, 350 Ill.Dec. 1, 948 N.E.2d 70, 77 (2011) (holding that "procedural defects" can result in a conclusion that a postconviction petition is frivolous). A claim lacks an objective, good-faith basis in fact, on the other hand, if the factual contentions are "clearly baseless." Neitzke, 490 U.S. at 327, 109 S.Ct. 1827. Clearly baseless factual allegations include those that are "fanciful" or describe
With the foregoing principles in mind, we review the four claims raised by Wallace in his second postconviction petition to determine whether they are frivolous and, if not, whether we should review them in the interests of justice.
Wallace's first claim for postconviction relief alleges that the district court denied him due process when it sentenced him for both felony murder and attempted second-degree criminal sexual conduct. More specifically, he argues that sentencing him for both crimes resulted in two sentences arising from the "same criminal act on the same person." We disagree, and conclude that Wallace's claim is frivolous.
A court may impose "multiple sentences for multiple crimes arising out of a single behavioral incident if: (1) the crimes affect multiple victims; and (2) multiple sentences do not unfairly exaggerate the criminality of the defendant's conduct." State v. Skipintheday, 717 N.W.2d 423, 426 (Minn.2006) (citations omitted). Both requirements are met here. The district court convicted and sentenced Wallace for two distinct crimes committed upon two distinct victims: once for attempting to rape R.L. and once for stabbing and killing Kenneth Williams. And Wallace does not argue, nor have we found any legal basis to conclude, that the multiple sentences imposed by the district court in this case unfairly exaggerate the criminality of his conduct. See, e.g., State v. Marquardt, 294 N.W.2d 849, 850-51 (Minn.1980) (holding that the district court did not err by sentencing a defendant to consecutive prison terms for second-degree manslaughter and aggravated assault committed against two separate victims because the multiple sentences did not unfairly exaggerate the criminality of the defendant's conduct). In fact, we squarely rejected the precise claim advanced by Wallace here in an appeal involving Wallace's convictions of attempted first-degree murder and criminal sexual conduct in an unrelated case. State v. Wallace, 327 N.W.2d 85, 87 (Minn.1982) (concluding that multiple sentences were permissible under the multiple-victims exception for Wallace's convictions of attempted first-degree murder and criminal sexual conduct).
Because Wallace's first claim is "indisputably meritless," we conclude that it is frivolous. Neitzke, 490 U.S. at 327, 109 S.Ct. 1827.
Wallace's second claim for postconviction relief alleges that the felony murder statute, Minn.Stat. § 609.185(a)(2), violates the Minnesota Constitution because it "embrace[s] more than one subject," Minn. Const. art. IV, § 17, by defining "Murder in the First Degree" but referencing criminal sexual conduct as a predicate offense in the statute. See Minn. Const. art. IV, § 17 ("No law shall embrace more than one subject, which shall be expressed in its title."). We conclude that Wallace's second claim is frivolous.
In determining whether a law violates Article IV, Section 17 of the Minnesota Constitution (the "Single Subject and Title Clause"), we look to the title and subject of the legislation passed by the Legislature. See Townsend v. State, 767 N.W.2d 11, 13 (Minn.2009) (examining the act implementing amendments to the postconviction statutes in determining whether the legislation violated the Single Subject and Title Clause); Associated Builders & Contractors v. Ventura, 610 N.W.2d 293, 299 (Minn.2000) (evaluating
To the extent Wallace challenges whether the legislation amending the felony murder statute unconstitutionally encompasses more than one subject, his claim also clearly fails. "`The term `subject' ... is to be given a broad and extended meaning,'" requiring only that "`all matters ... should fall under some one general idea, be so connected with or related to each other, either logically or in popular understanding, as to be parts of, or germane to, one general subject.'" Associated Builders, 610 N.W.2d at 299-300 (quoting Johnson, 47 Minn. at 577, 50 N.W. at 924). The legislation at issue here is limited to amending the felony murder statute to add certain sex crimes as a predicate offense, creating offense levels for criminal sexual conduct, and promulgating related evidentiary rules. The subject of the act here is far narrower and less "wide ranging" than the act amending the postconviction statute that we upheld against a Single Subject and Title Clause challenge in Townsend. See Townsend, 767 N.W.2d at 13-14 (concluding that a 2005 amendment to the postconviction statute did not violate the Single Subject and Title Clause despite it being "a wide-ranging bill"). Indeed, while the legislation at issue in this case involves only two related offense types (felony murder and criminal sexual conduct), the legislation in Townsend was divided into 18 separate articles and involved at least six topics within the general subject matter of the legislation. Compare Act of June 5, 1975, ch. 374, 1975 Minn. Laws 1243, 1244-51 (amending the felony murder statute, Minn.Stat. § 609.185, to incorporate first- and second-degree criminal sexual conduct; creating offense levels for criminal sexual conduct, codified at Minn.Stat. §§ 609.342 to .345; defining related terminology; and promulgating evidentiary rules for criminal-sexual-conduct cases), with Act of June 2, 2005, ch. 136, 2005 Minn. Laws 901, 901 (relating broadly to, among other things, public safety, monetary appropriations, various public services, criminal and civil penalties, fines and fees, and sex-offender and methamphetamine policies). The legislation at issue here, therefore, is not nearly as wide-ranging as the legislation that we have struck down — and far narrower than the legislation we have upheld — under the Single Subject and Title Clause.
Nor does Wallace argue, much less show, that the legislation at issue here in
Accordingly, we conclude that Wallace's second claim is frivolous because it rests on an "indisputably meritless legal theory." Neitzke, 490 U.S. at 327, 109 S.Ct. 1827.
Wallace's third claim for postconviction relief alleges that his trial and appellate counsel were so ineffective that "compliance with the [S]ixth [A]mendment right to counsel [was] impracticable." In Wallace's direct appeal, we concluded that Wallace's trial counsel "was not ineffective." Wallace, 558 N.W.2d at 473-74. Approximately five years later, a postconviction court rejected Wallace's claim that his appellate counsel was ineffective, a determination that Wallace did not appeal.
In his second postconviction petition, Wallace obliquely argues that his trial counsel never objected to some unidentified set of errors and that appellate counsel failed to advance "on appeal any arguments regarding such errors." But Wallace fails to provide any facts underlying his claim of ineffective assistance of trial and appellate counsel. Moreover, Wallace does not specify how the claim in his second postconviction petition differs from the parallel claims he made on direct appeal and in his first postconviction petition.
Accordingly, because Wallace fails to offer any basis — good faith or otherwise — for his claim of ineffective assistance of trial and appellate counsel, we conclude that Wallace's third claim is frivolous.
Wallace's fourth claim for postconviction relief alleges that the postconviction court's application of the time bar of Minn.Stat. § 590.01, subd. 4, to deny his petition violates his constitutional rights. Wallace's argument that the two-year time bar is unconstitutional is directly contrary to our recent decision in Carlton v. State, 816 N.W.2d 590, 615-16 (Minn.2012), in which we held that the time bar does not violate a petitioner's due-process rights.
Accordingly, Wallace's fourth claim is frivolous because it is directly contrary to controlling legal authority.
For the foregoing reasons, we conclude that Wallace's petition for postconviction relief fails to satisfy the interests-of-justice exception in Minn.Stat. § 590.01, subd. 4(b)(5), because each of the claims in the petition is frivolous.
Affirmed.