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BRUESTLE v. STATE

No. A05-1707.

719 N.W.2d 698 (2006)

Richard Brian BRUESTLE, petitioner, Appellant, v. STATE of Minnesota, Respondent.

Supreme Court of Minnesota.

August 10, 2006.

Attorney(s) appearing for the Case

Kyle D. White, St. Paul, MN, for Appellant.

Michael A. Hatch, Minnesota Attorney General, Susan Gaertner, Ramsey County Attorney, Jeanne L. Schleh, Assistant Ramsey County Attorney, St. Paul, MN, for Respondent.

Heard, considered, and decided by the court en banc.

OPINION

ANDERSON, PAUL H., Justice.

On March 5, 2003, appellant Richard Brian Bruestle pleaded guilty to and was sentenced to life imprisonment for the stabbing and shooting death of his aunt. Bruestle did not file a direct appeal or a motion to withdraw his plea within the time allowed for a direct appeal. Bruestle subsequently retained new counsel and filed a postconviction petition, claiming that he was incompetent to plead guilty and that his trial counsel...

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