2013-M-229             Kenneth Eugene Andersen, Jr., petitioner, Appellant, vs. State of Minnesota, Respondent.

MAJORITY: Appellant Kenneth Eugene Andersen was found guilty by a Becker County jury of first-degree premeditated murder, Minn. Stat. § 609.185(a)(1) (2012), arising out of the shooting death of Chad Swedberg.  The district court entered a judgment of conviction, and sentence was imposed.  On direct appeal, we affirmed Andersen’s conviction.  State v. Andersen, 784 N.W.2d 320, 323 (Minn. 2010). 

After his direct appeal, Andersen filed a petition for post-conviction relief alleging seven separate grounds that he contends warrant a new trial.  The post-conviction court summarily denied Andersen’s petition, explaining that Andersen’s claims are either meritless on their face or barred by State v.

Knaffla, 309 Minn. 246, 252, 243 N.W.2d 737, 741 (1976). 

In this appeal, Andersen argues the post-conviction court erred in denying his petition for post-conviction relief. Because we conclude the post-conviction court did not err in summarily denying Andersen’s petition for post-conviction relief, we affirm.

HELD:  The post-conviction court properly determined that the petition and the files and records of the proceeding conclusively showed that appellant was not entitled to relief because his claims are either meritless on their face or barred by the Knaffla rule.

DISSENT:  Justices Barry Anderson and Page opined: “I conclude that the post-conviction court erred in denying Andersen’s request for a hearing on his ineffective assistance of counsel claims, both with respect to trial counsel and appellate counsel, and therefore, I respectfully dissent from the majority opinion.

In general, I conclude that Andersen properly raised his ineffective assistance of counsel claims in his petition for post-conviction relief and is entitled to an evidentiary hearing because those claims require an examination of evidence outside the trial record and meet the prejudice prong of the Strickland test. 

Dietzen (Gildea, Paul Anderson, Stras, and Wright)

               Dissent: Barry Anderson and Page

[MURDER]

A11-541,