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Richard Brian Bruestle, petitioner, Appellant, vs. State of Minnesota, Respondent. A05-1707, Supreme Court, August 10, 2006.

STATE OF MINNESOTA IN SUPREME COURT A05-1707 Ramsey County Anderson, Paul H., J. Richard Brian Bruestle, petitioner, Appellant, vs. Filed: August 10, 2006 Office of Appellate Courts State of Minnesota, Respondent. SYLLABUS Postconviction court did not abuse its discretion when it concluded that an evidentiary hearing was not required when petitioner, who entered a guilty plea, could not show that he was so likely legally insane at the time of the killing, or so likely incompetent to stand trial at the time he pleaded guilty, that his trial counsel's decision not to pursue an insanity defense or an incompetency argument was ineffective assistance of counsel. Affirmed. Heard, considered, and decided by the court en banc. OPINION ANDERSON, Paul H., Justice. On March 5, 2003, appellant Richard Brian Bruestle pleaded guilty to and was sentenced to life imprisonment for the stabbing and shooting death of his aunt. Bruestle did not file a direct appeal or a motion to withdraw his plea within the time allowed for a direct appeal. Bruestle subsequently retained new counsel and filed a postconviction petition, claiming that he was incompetent to plead guilty and that his trial counsel was ineffective due to counsel's decision not to fully pursue an insanity defense or make an incompetency argument before Bruestle pleaded guilty. The postconviction court denied Bruestle's petition for relief without holding an

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Richard Brian Bruestle, petitioner, Appellant, vs. State of Minnesota, Respondent. A05-1707, Supreme Court, August 10, 2006.

evidentiary hearing. We affirm. On December 7, 2002, Saint Paul police officers responded to a 911 call and, upon arriving at the home of Lorene Nell McIntyre, discovered appellant Richard Brian Bruestle outside the home with blood on his clothing. Bruestle told the officers to shoot him because he had a gun and would shoot them, but instead of continuing to confront the officers, Bruestle threw his gun on the ground and apparently surrendered. Bruestle told the officers that he had killed a woman. He said that he had stabbed the woman 15 times and that there were no bullets in his gun because he had "filled the victim full of lead." Nearby, the police found McIntyre's body. McIntyre was Bruestle's aunt, with whom he was living at the time of her death. Bruestle told the police officers that he and McIntyre had been arguing about the taste of her chili, and as a result, McIntyre told Bruestle to get out of the house. Bruestle further told the officers that he believed McIntyre attempted to phone 911 as a result of the argument, and that infuriated him. The officers arrested Bruestle at the scene and transported him to jail. Bruestle was indicted by a grand jury for murder in the first degree, in violation of Minn. Stat.

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