They will never stop looking for a sneaky skunk!

2016-M-329         Randy Leeroyal Swaney, Appellant, vs. State of Minnesota, Respondent.

THE BACKGROUND:  Carrie Nelson, who worked part-time at Blue Mounds State Park in southwest Minnesota, was murdered on the afternoon of May 20, 2001.1 Nelson, whose body was discovered lying on the park office floor, died due to multiple traumatic injuries to the head. Investigators found a wristwatch with a broken band and a pack of Doral 100 cigarettes next to her body. Further investigation revealed that roughly $2,000 and two bank bags were missing from the park office safe.

Despite intensive efforts to find the person who killed Nelson, including several DNA database searches, no suspects were arrested for nearly 6 years. In April 2007, Swaney was identified as a suspect in the murder after a BCA forensic scientist again sent a DNA profile taken from the wristwatch to surrounding states, and South Dakota officials identified Swaney as a potential match. The BCA obtained a new DNA sample from Swaney, and matched it to the DNA found on the watch.

Further investigation produced more evidence implicating Swaney, including matching his finger- and palm-prints to prints found at the scene of the crime. In September 2007, Swaney was indicted on seven counts of murder, including three counts of first-degree murder. 

Following trial, the jury found Swaney guilty of all seven counts, and the district court sentenced him to life in prison without the possibility of release.

PRIOR APPEALS:  Swaney filed a direct appeal, and we affirmed in 2010.

Swaney later filed a petition for post-conviction relief, alleging numerous trial errors as well as ineffective assistance of trial counsel. The post-conviction court denied most of Swaney’s claims without holding a hearing, concluding that those claims were procedurally barred because he either had already raised them on direct appeal or should have known about them at the time of his direct appeal.

The court concluded, however, that some of his ineffective-assistance claims were not procedurally barred because the trial record alone was not sufficient to review them. The court therefore granted Swaney an evidentiary hearing on whether trial counsel was ineffective: (1) by not obtaining M.K.’s prison phone records; (2) by not personally interviewing witnesses; and (3) due to trial counsel’s lack of trial experience. At the hearing, Swaney presented the testimony of only one witness: his lead trial counsel. Following the hearing, the court concluded that Swaney had not carried his burden of proving ineffective assistance of counsel, and denied the petition.

THE HOLDING:  The Supreme Court upheld Swanley’s conviction and sentence.

The post-conviction court did not abuse its discretion in denying appellant's claims that were procedurally barred. In addition, the record of the proceedings conclusively established that he was not entitled to relief on one ineffective-assistance-of-counsel claim. The post-conviction court did not abuse its discretion in denying appellant's claims of ineffective assistance of counsel after holding an evidentiary hearing.

Dietzen (Gildea, Anderson, Stras, Lillehaug, and Hudson)

               Took No Part:  Chutich.

               [CRIME] [MURDER] [PREMEDITATED] [FIRST-DEGREE] [ROBBERY]

Date: July 13, 2016