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STUTELBERG v. STATE

No. A07-383.

741 N.W.2d 867 (2007)

Mark Alan STUTELBERG, petitioner, Appellant, v. STATE of Minnesota, Respondent.

Supreme Court of Minnesota.

December 6, 2007.

Attorney(s) appearing for the Case

Charles L. Hawkins, Minneapolis, MN, for Appellant.

J. Michael Richardson, Assistant County Attorney, Minneapolis, MN, Attorney General, St. Paul, MN, for Respondent.

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

OPINION

BARRY G. ANDERSON, Justice.

Appellant Mark Alan Stutelberg was convicted in 1994 of two counts of first-degree murder for the killing of his girlfriend, Holly Schwerzler. On March 30, 2006, appellant filed a petition for postconviction relief and a motion for an evidentiary hearing. The district court summarily denied appellant's petition and motion, concluding that his delay in seeking relief constituted an abuse of judicial process and that the...

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