2013-M-251        Rusttee Allan Torres, petitioner, Appellant, vs. State of Minnesota, Respondent.

In his second post-conviction petition, Rusttee Allan Torres seeks relief from his conviction of first-degree murder in the course of a burglary, arising out of the death of J.S.  Torres alleges that he is entitled to a new trial based on newly discovered evidence.  The post-conviction court denied Torres’s petition after an evidentiary hearing, and we affirm.

The post-conviction court did not abuse its discretion by denying petitioner’s request for a new trial based on allegations of newly discovered evidence when the alleged evidence is cumulative, impeaching, or doubtful.  Rainer v. State, 566 N.W.2d 692, 695 (Minn. 1997).

Affirmed.

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

Took no part   Lillehaug

[MURDER]

A12-570,