2013-M-231             David Michael Tscheu, petitioner, Appellant, vs. State of Minnesota, Respondent.

Appellant David Michael Tscheu was convicted of first-degree murder while committing first-degree criminal sexual conduct causing personal injury, in connection with the death of Bonita Thoms. 

We affirmed Tscheu’s conviction on direct appeal. 

Tscheu filed a petition for post-conviction relief, alleging a claim of newly discovered evidence.  After an evidentiary hearing, the post-conviction court concluded that Tscheu’s newly discovered evidence was not credible and, therefore, was not likely to produce a result more favorable to Tscheu. 

Because the record supports the post-conviction court’s credibility determinations, we affirm.

1. The post-conviction court’s credibility determinations are supported by post-conviction evidentiary hearing record and are not clearly erroneous. 

2. The post-conviction court’s conclusion that newly discovered evidence was not likely to produce a result more favorable to the petitioner was not an abuse of discretion because it was supported by the court’s credibility determinations.

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

[MURDER]

A12-480,