State v. Radke
2012 Minn. LEXIS 460
Minn.2012Background
- Radke was charged with first-degree premeditated murder for the June 20, 2007 death of Darrell Buesgens and admitted firing the rifle but claimed self-defense and no premeditation.
- The jury rejected Radke’s self-defense claim and convicted him; he was sentenced to life imprisonment without the possibility of release.
- Radke filed a postconviction petition which the trial court denied; this appeal consolidates direct appeal and postconviction relief appeal.
- Radke alleged trial-counsel ineffectiveness for not introducing evidence of Buesgens’ reputation for violence and past acts; discovery Brady/Rule 9.01 violations; and multiple trial errors.
- The State admitted evidence at trial, but there were disputes over jury instructions, heat-of-passion instruction, and use of a suppressed statement as substantive evidence.
- The supreme court analyzed each claim for prejudice/prevalence and ultimately affirmed the conviction and denial of postconviction relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance prejudicial? | Radke; Radke | Radke | No prejudice; defense failure not proven |
| Discovery/Brady prejudice shown? | Radke | State | No prejudice; undisclosed records inadmissible and not outcome-determinative |
| Jury instructions burden shift? | Radke | State | Instruction proper; no error |
| Heat-of-passion instruction warranted? | Radke | State | No rational basis for subjective heat of passion; instruction not required |
| Suppressed statement used substantively? | Radke | State | Error not prejudicial; did not affect substantial rights |
Key Cases Cited
- State v. Rhodes, 657 N.W.2d 823 (Minn. 2003) (ineffective-assistance standard and de novo review)
- Williams v. State, 764 N.W.2d 21 (Minn. 2009) (prejudice standard in Strickland)
- Strickland v. Washington, 466 U.S. 668 (U.S. Supreme Court (1984)) (two-prong test for ineffective assistance)
- Johnson v. State, 719 N.W.2d 619 (Minn. 2006) (defendant bears burden to disprove self-defense; State must disprove element)
- Penkaty v. State, 708 N.W.2d 185 (Minn. 2006) (prior acts of violence by victim; admissibility conditions)
- Carney, 649 N.W.2d 455 (Minn. 2002) (heat-of-passion standard and subjectivity)
- State v. Palmer, 808 N.W.2d 727 (Minn. 2011) (premeditation indicators such as weapon possession and manner of shooting)
- Bangert v. State, 282 N.W.2d 540 (Minn. 1979) (premeditation considerations)
- State v. Columbus, 258 N.W.2d 122 (Minn. 1977) (burden on State in self-defense context)
- State v. Hathaway, 379 N.W.2d 498 (Minn. 1985) (discovery harmless error when evidence inadmissible)