State of Minnesota v. Brandon Richard Blegen, A15-1469

Background

In May 2014 Brandon Blegen struck P.T. at a Minneapolis bar, causing severe facial injuries and permanent disfigurement without surgery.
State charged Blegen with second- and third-degree assault. In March 2015 Blegen waived a jury and agreed to a bench trial on stipulated facts and supporting evidence (police reports, witness audio, medical records).
The district court reviewed the stipulated record, made findings of fact, rejected self-defense, and found Blegen guilty of both counts; the court treated whether a dangerous weapon was used as a factual issue.
At sentencing Blegen received a 45-month prison term (presumptive for second-degree assault); the state sought 54 months.
Blegen sought postconviction relief claiming ineffective assistance: (1) counsel failed to meaningfully adversarially test the State by agreeing to the stipulated bench trial and not presenting self-defense evidence, and (2) counsel inadequately handled the PSI/sentencing. The postconviction court summarily denied relief; Blegen appealed.

Issues

Issue	Blegen's Argument	State's Argument	Held
Whether counsel’s failure to present Blegen’s version/arguments at stipulated bench trial is a structural error (automatic prejudice)	Counsel failed to subject prosecution to meaningful adversarial testing by not presenting defense or arguing self-defense, so prejudice should be presumed	No structural error; surrounding circumstances do not support a presumption of ineffectiveness; court considered defenses and evidence	No structural error; presumption of prejudice not warranted under Cronic and facts here did not show breakdown of adversarial process
Whether counsel was ineffective under Strickland for advising/agreeing to a stipulated bench trial and not including self-defense evidence	Advising a stipulated bench trial where guilt was "assured" and not introducing self-defense was objectively unreasonable and prejudicial	Decision was strategic (avoid potential first-degree charge); counsel reasonably concluded self-defense lacked merit; Blegen offered no specific evidence that would have changed outcome	Strickland not satisfied: counsel’s advice not objectively unreasonable given risk of first-degree charge; Blegen failed to identify specific favorable evidence or show reasonable probability of a different outcome
Whether district court erred by determining elements (e.g., dangerous weapon) rather than a jury after Blegen’s stipulation	Court used stipulation to determine elements that should have been decided by a jury	Blegen waived jury trial on guilt; waiver was knowing and in writing/on record, so court could decide elements	No error: valid waiver of jury trial; bench made findings consistent with a bench trial, not improper stipulation to elements
Whether counsel’s assistance during PSI/sentencing was ineffective and prejudiced sentence	Counsel failed to advise/assist at PSI, causing disclosures that increased sentence	Counsel represented Blegen at PSI and sentencing; sentencing court did not rely on PSI statements; counsel argued for lower sentence	No prejudice shown; sentence (45 months) fell within presumptive range and court did not base it on PSI disclosures

Key Cases Cited

Cronic v. United States, 466 U.S. 648 (1984) (establishes narrow structural-error exception where counsel entirely fails to subject prosecution to adversarial testing)
Strickland v. Washington, 466 U.S. 668 (1984) (two-part ineffective-assistance standard: performance and prejudice)
Powell v. Alabama, 287 U.S. 45 (1932) (cited as an example where surrounding circumstances justify presuming prejudice)
Dalbec v. State, 800 N.W.2d 624 (Minn. 2011) (discusses narrow scope of structural-error doctrine)
Dereje v. State, 837 N.W.2d 714 (Minn. 2013) (bench-trial/stipulated-facts distinctions and requirements for valid waiver)
Bobo v. State, 770 N.W.2d 129 (Minn. 2009) (strategic decisions about what defenses/evidence to present are generally beyond review)
State v. Johnson, 719 N.W.2d 619 (Minn. 2006) (elements required to establish self-defense)