Keith Richard Rossberg v. State of Minnesota

Summary

The Minnesota Supreme Court affirmed the denial of Keith Richard Rossberg’s petition for postconviction relief. The court held that the postconviction judge erred by deciding Rossberg’s motion for disqualification instead of referring it to the chief judge of the judicial district, but that the error was harmless because the motion lacked merit. The court also held that the postconviction court did not abuse its discretion by denying additional time to amend the petition or by denying the petition, which lacked factual support.

Holdings

1. A motion to disqualify a judge for cause must be heard and determined by the chief judge of the judicial district, or by the assistant chief judge if the chief judge is the subject of the motion. The postconviction judge therefore erred by deciding Rossberg's motion herself.
2. The failure to refer the disqualification motion to the chief judge was harmless because Rossberg's asserted grounds did not establish a basis for disqualification and therefore did not affect his substantial right to a fair hearing before an impartial decision maker.
3. A postconviction court does not abuse its discretion by denying additional time to amend a petition, or by denying the petition itself, when the petition merely lists legal claims without alleging supporting facts and the petitioner does not explain why the facts could not have been stated in the petition.

Questions Presented

1. Whether the postconviction judge erred by deciding Rossberg's motion to disqualify for cause instead of referring it to the chief judge of the judicial district.
2. Whether that failure to refer the disqualification motion required reversal or was harmless error.
3. Whether the postconviction court abused its discretion by denying Rossberg additional time to file an addendum containing factual support.
4. Whether the postconviction court abused its discretion by denying a petition that asserted legal claims without supporting facts.

Disposition

affirmed