2009-M-115             Timothy Patrick Chambers, petitioner, Appellant, vs. State of Minnesota, Respondent.

In 1998, Chambers was tried in connection with the death of Rice County Sheriff’s Deputy John Liebenstein.  Chambers was found guilty of first-degree murder of a peace officer engaged in official duties, second-degree felony murder, fleeing a peace officer resulting in death, and theft of a vehicle. 

On direct appeal, Chambers asserted nine different errors.  Among those errors was the claim that the district court abused its discretion when it did not instruct the jury on lesser-included offenses.  We affirmed his conviction.

Here, in 2007, Chambers filed for post-conviction relief, assigning five errors.  The post-conviction court denied Chambers’ petition.  Chambers asks us to review the post-conviction court’s determination, arguing that his trial counsel was ineffective, that he is entitled to an evidentiary hearing, and that, at trial, the district court erred when it declined to instruct the jury on lesser-included offenses.  We affirm the decision of the post-conviction court to deny Chambers’ petition.

               Meyer (Magnuson, Page, Paul Anderson, Barry Anderson, Gildea, and Dietzen)

[MURDER]