Schulte v. Kramer
2012 ND 163
| N.D. | 2012Background
- Burke convicted in 1998 of two murders and one arson to conceal bodies.
- Post-conviction relief petitions denied in district court; Burke sought DNA testing under N.D.C.C. § 29-32.1-15 and relief reversal.
- 2011 application sought STR DNA testing on blood-stained jeans and additional discovery.
- District court denied testing and summarily dismissed post-conviction relief, holding tests existed and were not materially relevant.
- Appellate court affirmed the district court’s denial, ruling testing not materially relevant to actual innocence.
- Court noted Burke admitted Huotari’s blood on jeans at trial; STR testing could not significantly advance innocence given the other trial evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether district court correctly applied §29-32.1-15(3)(b). | Burke argues district court narrowed testing scope. | State contends testing must be practically relevant, not speculative. | Yes; court affirmed denial (testing not materially relevant). |
| Whether Burke established a prima facie case under §29-32.1-15(2). | Burke contends identity was an issue and chain of custody satisfied. | State argues insufficient to show material relevance. | Yes for prima facie; but not sufficient for testing under 15(3). |
| Whether STR testing could produce new, noncumulative evidence materially relevant to actual innocence. | STR could exclude Huotari, significantly aiding innocence claim. | Testing would not significantly advance innocence given trial evidence. | No; STR testing would not significantly advance claim of actual innocence. |
| Whether district court properly denied post-conviction relief summarily. | Requests for DNA testing require evidentiary consideration. | Record showed no genuine material fact precluding summary denial. | Affirmed summary denial of post-conviction relief. |
Key Cases Cited
- Olson v. State, 750 N.W.2d 459 (ND 2008) (post-conviction relief burden; summary dismissal standards)
- Wheeler v. State, 750 N.W.2d 446 (ND 2008) (summary dismissal standard in post-conviction appeals)
- People v. Savory, 756 N.E.2d 804 (Ill. 2001) (materially relevant evidence to actual innocence; test relevance)