Supreme Court of Minnesota

Robert Daniel Gassler, Jr., Petitioner, Appellant v. State of Minnesota, Respondent

September 2, 20102010 Minn. LEXIS 530

Summary

The court affirmed denial of Gassler’s untimely postconviction petition. It held that although later information undermined the scientific basis of the CBLA testimony, that evidence did not establish Gassler’s innocence by clear and convincing evidence, and the remaining evidence was substantial. The court further held that the interests-of-justice exception is independently available even when another statutory exception is asserted, but concluded that this case did not warrant bypassing the statutory time bar. Chief Justice Gildea and Justice Dietzen concurred in the result; Chief Justice Gildea would hold that the interests-of-justice exception cannot be used to circumvent the specific newly discovered evidence exception.