2010-M-150             Brett Arnold Laine, petitioner, Appellant vs. State of Minnesota, Respondent.

Brett Arnold Laine was convicted of first-degree domestic abuse murder for the death of his girlfriend, Nancy Jagunich.  We stayed his direct appeal while he pursued post-conviction relief.  On September 24, 2004, Laine filed his first petition for post-conviction relief, claiming ineffective assistance of counsel and denial of a fair trial. 

The court denied the petition and Laine did not appeal the denial.  After lifting the stay of his direct appeal, we affirmed the conviction.  State v. Laine, 715 N.W.2d 425 (Minn. 2006). 

On July 21, 2008, Laine filed a second petition for post-conviction relief.  The district court denied the petition without a hearing.  We affirm.

The district court did not abuse its discretion in denying appellant’s request for post-conviction relief based on his claims of newly discovered evidence, ineffective assistance of counsel, and violation of his Sixth Amendment right to confront witnesses against him.

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

               Took no part:  Stras

[MURDER]