48462 Precedential Affirmed Processed

Thompson v. Wood

Minnesota Supreme Court · Filed December 8, 1978 · 272 N.W.2d 357

Cited by

Kristopher Lee Roybal, Appellant, Minn. Ct. App. 2021
Terrance Friend, Appellant, Minn. Ct. App. 2020
State of Minnesota, ex rel. Demetris L. Duncan v. Tom Roy, Commissioner of Corrections Minn. Ct. App. 2015
Shaw v. State 335 N.W.2d 517 Minn. 1983

Authorities cited

Identified automatically; this list may not be exhaustive.

State Ex Rel. Dufault v. Utecht 220 Minn. 431

Opinion text

PER CURIAM. This is an appeal by petitioner, who is a prisoner at Stillwater, from an order of the district court denying a petition for habeas corpus on res judicata grounds. Our examination of the record indicates that the petitioner is seeking to relitigate issues which were decided against him in a previous ha-beas corpus proceeding. Petitioner failed to file a timely appeal from the order discharging the writ in that proceeding. In effect, petitioner is trying to cure the procedural defect by instituting this second proceeding. Our decisions forbid this. See, State ex rel. DuFault v. Utecht, 220 Minn. 431 , 19 N.W.2d 706 (1945). Affirmed.