Gassler v. State

Todd County Office of Appellate Courts OPINION In 1992, appellant, Robert D. Gassler, was found guilty of first-degree murder and was sentenced to life in prison. The facts underlying appellant's murder conviction are recited in our opinion affirming the conviction. See State v. Gassler, 505 N.W.2d 62 (Minn. 1993). In 1997, a post-conviction court denied, without evidentiary hearing, appellant's pro se petition for post-conviction relief. On appeal, appellant argues that the post-conviction court erred when: (1) it determined that his claims were either barred or without merit; (2) it failed to liberally construe his pro se petition; and (3) it failed to accept as true his factual allegations. Because all of appellant's claims should have been raised at trial or on direct appeal, or are otherwise without merit, we affirm. A petitioner seeking post-conviction relief has the burden of establishing, by a fair preponderance of the evidence, facts which warrant relief. See Minn. Stat. § 590.04, subd. 3 (1998). A post-conviction court may dismiss a petition for post-conviction relief without conducting an evidentiary hearing if the petition, files, and record ""conclusively show that the petitioner is entitled to no relief."" Minn. Stat. § 590.04, subd. 1; see also Fratzke v. State, 450 N.W.2d 101, 102 (Minn. 1990) (stating that an evidentiary ""hearing is not required unless facts are alleged which, if proved, would entitle a petitioner to the requested relief""). Furthermore, a petitioner's allegations must be ""more than argumentative assertions without factual support."" Beltowski v. State, 289 Minn. 215, 217, 183 N.W.2d 563, 564 (1971).