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Shane denied petition for further review

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Shane denied petition for further review
Worthington Minnesota 300 11th Street / P.O. Box 639 56187

WORTHINGTON -- It appears as though Lisa Shane is out of options when it comes to the Minnesota courts.

The Minnesota Supreme Court recently denied a petition for further review, which exhausts Shane's direct appeal remedy. Any further recourse will have to be through the federal court system.

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Shane was convicted of second-degree murder through child neglect in April 2006 and sentenced to 15 years in prison, an upward departure based on the victim's age and vulnerability. The victim was her 3-month-old daughter, who died due to head trauma. Because the child, born prematurely, was hooked to an apnea monitor, authorities were able to pinpoint when the little girl went into medical distress. Shane brought her to the hospital for medical care approximately 12 hours later. The baby had a skull fracture, severe brain injuries and broken bones in various stages of healing. Several days later, she was removed from life support and died.

Within three months of the conviction, Shane filed an appeal. In affirming the jury's verdict and conviction in March 2008, the court of appeals rejected Shane's efforts in arguing that she did not willfully deprive her daughter of necessary care, stating, "the suggestion that (her) decision not to seek immediate medical attention was not willful is preposterous."

A request for further review in that case was denied a few months later.

Shane then requested post-conviction relief on the grounds the evidence against her was insufficient to support the conviction, that the district court abused its discretion by admitting evidence of the infant's prior injuries, that the court erred in imposing an upward departure and that jury instructions were insufficient.

That request was denied in October 2009, and the request for further review, filed a month later, was denied this week.

Shane had applied for a writ of habeas corpus in 2008, but that was dismissed without prejudice because her state post-conviction relief petition was pending. With that obstacle now removed, Shane could re-file the habeas corpus petition, but whether she will do so is unknown.

A habeas corpus petition is filed with a court by a person who objects to his own or another's detention or imprisonment. The petition must show that the court ordering the detention or imprisonment made a legal or factual error. Habeas corpus petitions are usually filed by persons serving prison sentences.

In the writ Shane filed in August 2008, she stated she didn't neglect her daughter. She based her writ on the grounds that her confession was coerced, that she self-incriminated and that she was facing double jeopardy.

The supporting facts she gave for her claims do not support the grounds she chose with any merit. For the coercion claim, she stated, "The cops got me to tell them what happened...they used my statements against me...Also they said my kids dad had alibis, but witness were under the influence at the time so testimonies should have been inadmissible."

Under the self-incrimination claim, she stated, "They used all my statements against me - their own perception of what I said."

The third claim is meritless, as Shane was not tried twice. Asked to give supporting facts, Shane wrote, "I was charged twice for unintentional second-degree felony murder, but with two different types. I believe that is unlawful."

Shane is currently being held at the Minnesota Correctional Facility in Shakopee. Her current anticipated release date is in May of 2016.

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