Supreme Court of Minnesota September 7, 2000, C1-99-294 (Ademodi v. State)

PAGE, Justice

(dissenting).

I respectfully dissent. We have held that, “even where the legal basis was reasonably available, ‘this court may allow substantive review of [a] claim in limited situations where fairness so requires and when the petitioner did not “deliberately and inexcusably” fail to raise the issue on direct appeal.’ ” Gassler v. State, 590 N.W.2d 769, 771 (Minn.