CHUTICH, Justice.
In 2012, a Hennepin County jury found appellant Derrick Trevor Griffin guilty of two first-degree murder offenses for the shooting death of one victim. See Minn. Stat. §§ 609.185(a)(1) (premeditated murder),.185(a)(3) (drive-by shooting) (2014). The district court sentenced Griffin to life imprisonment without the possibility of release on the conviction of first-degree premeditated murder. See Minn.Stat. § 609.185(a)(1); Minn.Stat. § 609.106, subd. 2(1) (2014). On direct appeal, we affirmed. State v. Griffin (Griffin I), 834 N.W.2d 688 (Minn.2013).
On July 31, 2015, Griffin filed a timely petition for postconviction relief, claiming that he received ineffective assistance of trial and appellate counsel. The postconviction court summarily denied relief, that is, it denied relief without holding a hearing. Griffin now appeals the postconviction court's denial of relief. For the reasons stated below, we affirm.
We review the denial of a petition for postconviction relief for an abuse of discretion. Riley v. State, 819 N.W.2d 162, 167 (Minn.2012). A postconviction court abuses its discretion when it has "`exercised its discretion in an arbitrary or capricious manner, based its ruling on an erroneous view of the law, or made clearly erroneous factual findings.'" Brown v. State, 863 N.W.2d 781, 786 (Minn.2015) (quoting Reed v. State, 793 N.W.2d 725, 729 (2010)). We review the postconviction court's legal conclusions de novo and its findings of fact for clear error. Greer v. State, 836 N.W.2d 520, 522 (Minn.2013). A petition for postconviction relief may be
Griffin's claims on appeal can be grouped into four categories. First, Griffin alleges that his trial counsel was ineffective for failing to object to the district court's admission of an out-of-court statement made by Griffin's wife, K.G., who identified Griffin near a bar shortly before the murder occurred.
Second, Griffin asserts violations of Minn.Stat. § 609.035 (2014) and the Double Jeopardy Clauses of the United States and Minnesota Constitutions,
Third, Griffin contends that his two first-degree murder convictions, for the murder of one victim, violate Minn.Stat. § 609.04 (2014).
Fourth, Griffin asserts that his appellate counsel was ineffective for failing to raise an ineffective-assistance-of-trial-counsel claim on direct appeal. But to establish that appellate counsel was ineffective for failing to raise a claim of ineffective assistance of trial counsel, "the appellant must first show that trial counsel was ineffective." Fields v. State, 733 N.W.2d 465, 468 (Minn.2007); see Sullivan v. State, 585 N.W.2d 782, 784 (Minn.1998) ("Sullivan's ineffective assistance of appellate counsel claim is predicated on the underlying claim against his trial counsel. If he cannot establish a claim of ineffective assistance of trial counsel, his appellate counsel claim automatically fails."). Accordingly, if Griffin cannot establish that his trial counsel was ineffective, his claim that appellate counsel was ineffective for failing to raise a claim of ineffective assistance of trial counsel necessarily fails.
Griffin's claim that his two first-degree murder convictions violate section 609.04 and that his trial counsel was ineffective for failing to raise this alleged violation was not raised in his petition for postconviction relief. Nor did the postconviction
Given the above, our analysis of the ineffective-trial-counsel claims addresses only Griffin's claims that (1) his trial counsel was ineffective for failing to object to the admission of K.G.'s out-of-court statement and (2) his convictions violate section 609.035 and the Double Jeopardy Clauses, and that his trial counsel was ineffective for failing to raise those alleged violations.
Under the Knaffla rule, if a postconviction claim was raised, known, or should have been known when a direct appeal was filed, that claim is procedurally barred and will not be considered in a later petition for postconviction relief. Leake v. State, 737 N.W.2d 531, 535 (Minn.2007) (citing Knaffla, 309 Minn. at 252, 243 N.W.2d at 741). An unraised claim is not Knaffla-barred, however, "if (1) the claim is novel or (2) the interests of fairness and justice warrant relief." Andersen v. State, 830 N.W.2d 1, 8 (Minn.2013).
Whether these exceptions to Knaffla, including the interests-of-justice exception, are still available after enactment of section 590.01, subdivision 1 (2014), is an open question. As we have explained:
Andersen, 830 N.W.2d at 8 n. 3 (citations omitted).
Even assuming that the interests-of-justice exception remains applicable to this petition, however, a viable claim "must have substantive merit and must be asserted without deliberate or inexcusable delay." Id. at 8. Griffin contends, and the postconviction court concluded, that the interests-of-justice exception applies to overcome the Knaffla rule regarding Griffin's ineffective-assistance-of-counsel claims because Griffin's appellate counsel (on his direct appeal in Griffin I) and trial counsel were the same person.
In so ruling, the postconviction court relied on a decision by the court of appeals, Jama v. State, 756 N.W.2d 107 (Minn.App.2008). In Jama, the court of appeals stated:
Id. at 112 (citations omitted).
We have not yet addressed whether the Knaffla interests-of-justice exception applies when trial counsel and appellate counsel are the same person. We need not decide this question here, however, because even if we assume that the Knaffla interests-of-justice exception applies and that Griffin satisfies it, his underlying ineffective-assistance claims lack merit, as shown below.
Griffin argues that his trial counsel should have objected to the district court's admission of an out-of-court statement by his wife, K.G.
Because the application of the Strickland test involves a mixed question of law and fact, our standard of review is de novo. State v. Rhodes, 657 N.W.2d 823, 842 (Minn.2003); see Strickland, 466 U.S. at 698, 104 S.Ct. 2052. There is a "strong presumption" that counsel's performance was objectively reasonable. King v. State, 562 N.W.2d 791, 795 (Minn.1997).
Applying these principles here, we conclude that the lack of an objection by Griffin's trial counsel was objectively reasonable. We held on Griffin's direct appeal that the district court's admission of K.G.'s out-of-court statement was not an abuse of discretion under the applicable evidentiary rule. Griffin I, 834 N.W.2d at 695 ("Given that the [district] court applied the correct legal test and based on its overall analysis of the relevant factors under [Minn. R. Evid.] 807, we hold that the [district] court did not abuse its discretion in admitting the statement."). An attorney's failure to make an objection that would have been properly denied is not objectively unreasonable under the Strickland test. See State v. Rainer, 502 N.W.2d 784, 789 (Minn.1993); State v. Tahash, 275 Minn. 242, 244-45, 146 N.W.2d 174, 176 (1966).
Similarly, Griffin's claim that his convictions violate section 609.035 and the Double Jeopardy Clauses lacks merit. Our careful review of the record shows that section 609.035 and the Double Jeopardy Clauses are not applicable because Griffin was subject to only one prosecution and received only one sentence. See Chavarria-Cruz, 839 N.W.2d at 520; Schmidt, 612 N.W.2d at 876-78. Therefore, Griffin
Finally, Griffin's claim of ineffective assistance of appellate counsel is predicated on his underlying claims against his trial counsel. Because he cannot establish that his trial counsel was ineffective, his claim that appellate counsel was ineffective necessarily fails.
Affirmed.