Rossberg v. State
Annotate this CaseAfter a jury trial, Appellant was found guilty of first-degree premeditated murder. The Supreme Court affirmed the conviction on appeal. Appellant subsequently filed a pro se petition for postconvction relief raising several legal claims without providing factual support for any of them. Appellant separately moved for additional time to file an addendum that would set forth the necessary factual support for his petition. Appellant then moved to disqualify the postconviction judge assigned to his postconviction proceeding. The postconviction judge denied both Appellant’s motion to disqualify and the motion for additional time to file an addendum. Thereafter, the postconviction court denied Appellant’s petition for postconviction relief, ruling that most of Appellant’s claims could have been raised on direct appeal. The Supreme Court affirmed, holding (1) the postconviction judge erred by failing to refer to the Chief Judge of the Tenth Judicial District Appellant’s motion to disqualify, but the error was harmless; and (2) the postconviction court did not abuse its discretion by denying Appellant’s petition for postconviction relief and motion for additional time to file an addendum.
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