Tscheu v. State, Minn.S.Ct., 4/24/2013. A jury convicted Mr. Tscheu of first degree murder back in 2008. The Supreme Court affirmed his conviction, read here. His defense at trial was that he and the victim had had consensual sex the night before her death and that a third party later murdered her. Mr. Tscheu tried to set up M.H. as this third party. In this post conviction petition, Mr. Tscheu offered testimony from A.C. and from the victim’s stepson as newly discovered evidence to support his “M.H. killed her” theory. The post conviction court held an evidentiary hearing after which the court denied the petition. The court concluded that A.C.’s affidavits and testimony – the stepson did not testify - were in conflict with earlier statements and testimony, not credible, and thus not likely to produce a result more favorable to Mr. Tscheu.
Justice G. Barry Anderson, writing for a full complement of justices, agrees with the post conviction court and affirms the denial of the petition.
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