Cited by
Opinions in Minnesota that cite Carrillo v. Fabian, 701 N.W.2d 763.
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Ricky Lee McDeid, (A25-2082) v. Nancy Johnston, CEO/Director, Minnesota Sex Offender Program, ...
Minn. Ct. App. 2026
4 (citing Kentucky Dep’t of Corrections v. Thompson, 490 U.S. 454, 460 (1989)).
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State of Minnesota, Respondent,
Minn. Ct. App. 2026
” Werlich, d at 371-72 ().
- Anthony B Graham, Appellant, Minn. Ct. App. 2026
- Troy Kenneth Scheffler, Relator, Minn. Ct. App. 2025
- Larry Schultz v. Nancy Johnston Minn. Ct. App. 2024
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Larry Schultz v. Nancy Johnston
Minn. Ct. App. 2024
Appellate courts “must look to the nature of an interest to determine if it is within the scope of the Fourteenth Amendment’s protection of liberty and property.”
- Ronald Lindsey Reed v. Minnesota Department of Corrections Minn. Ct. App. 2024
- Ronald Lindsey Reed v. Minnesota Department of Corrections Minn. Ct. App. 2024
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
See, -68 (Minn. 2005) (discussing a challenge to a prison disciplinary proceeding following a writ of habeas corpus filed in district court).
- Minn. 2022
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John Kotowski, Appellant,
Minn. Ct. App. 2021
See Carrillo v. Fabian , (explaining that, to establish procedural-due-process violation by DOC, offender must establish that DOC interfered with a protected liberty interest and lacked procedure to adequately protect that interest).
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Minn. 2021
First, is there “a li berty or property interest with which the state has interfered[?]”
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Minn. 2021
10 See Morrissey v. Brewer , 408 U.S. 471 (1972) (a pr ocedural due process case holding that parolees’ interests in remain ing on parole required due process before revocation); Foucha v. Louisiana , 504 U.S. 71, 80 (1992) (addressing substantive due process in the context of indefinite psychiatric confinement); Carrillo v. Fabian , –74 (Minn. 2005) (a procedural due process case holding that an inmate serving his prison sentence had a protected liberty interest in his supervised release date);
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State of Minnesota ex rel. Gerald Browneagle, Appellant, vs.
Minn. Ct. App. 2021
To determine whether an imprisoned 20 offender has received due process, it is necessary to as k two questions: (1) “whether the complainant has a liberty or pr operty interest with which the state has interfered” and, if so, (2) “whether the procedures attendant upon that deprivation were constitutionally sufficient.”
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Michael D. Perseke, Appellant,
Minn. Ct. App. 2020
See Carrillo v. Fabian , (M inn.
- Robert Louis Bellanger Fohrenkam, Appellant, Minn. Ct. App. 2020
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Jerry Duwenhoegger, Appellant,
Minn. Ct. App. 2020
rd, that appellant made no factual showing of bias, and that “the hearing officer’s decisions were supported by at least some evidence.” 12 “Inmates are entitled to some degree of protection under the Due Process Clause; thus, prison authorities must provide inmate s with an appropriate level of due process before they are deprived of a protected liberty interest.” d 763, 768 (Minn. 2005).
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Kristopher Lee Roybal, Appellant,
Minn. Ct. App. 2020
“The Due Process Clause of the U.S. Constitution provides that a state shall not ‘deprive any person of life, liberty, or property without due process of law.’” 8 (Minn. 2005) (quoting U.S. Const. amend.
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
1 (2016); d 763, 772 (Minn. 2005) (“[U]nder Minnesota’s current sentencing scheme, there is a presumption .
- Christie v. Estate 911 N.W.2d 833 Minn. 2018
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Christie v. Estate
911 N.W.2d 833
Minn. 2018
Carrillo v. Fabian , , 773-74 (Minn. 2005) (citation omitted).
- Michael John Husten, petitioner, Appellant, Minn. Ct. App. 2017
- Lovell N. Oates, petitioner, Appellant, Minn. Ct. App. 2017
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Randy Lee Morrow, petitioner, Appellant,
Minn. Ct. App. 2017
appellant argues that the failure to appoint him counsel for the disciplinary proceeding was also a violation of his procedural due-process rights.
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
“Whether due process is required in a particular case is a question of law, which [appellate courts] review de novo.”
- State of Minnesota, ex rel., Arturo Martinez, petitioner, Appellant, Minn. Ct. App. 2017
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Jacquet Deon Munn, petitioner, Appellant,
Minn. Ct. App. 2017
Under the Due Process Clause of the United States Constitution, an inmate “has a protected liberty interest in his supervised release date that triggers a right to procedural due process before that date can be extended.”
- Darrel Mckee v. Steve Hammer Minn. Ct. App. 2016
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Darrel Mckee v. Steve Hammer
Minn. Ct. App. 2016
(concluding that although an inmate has a liberty interest in the inmate’s supervised-release date, an inmate has no right to a particular supervised-release date).
- In the Matter of the Welfare of the Child of: C. L. O. and J. J. S., Parents. Minn. Ct. App. 2016
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In the Matter of the Welfare of the Child of: C. L. O. and J. J. S., Parents.
Minn. Ct. App. 2016
This court gives de novo review to “[w]hether a parent’s due-process rights have been violated in a TPR proceeding.” D.F., d at 97; (“Whether due process is required in a particular case is a question of law, which we review de novo.”).
- James David McBroom v. Minnesota Correctional Facility - Oak Park Heights Minn. Ct. App. 2016
- James David McBroom v. Minnesota Correctional Facility - Oak Park Heights Minn. Ct. App. 2016
- Fredrick Kemond Jackson v. State of Minnesota Minn. Ct. App. 2015
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Fredrick Kemond Jackson v. State of Minnesota
Minn. Ct. App. 2015
“Whether due process is required in a particular case is a question of law, which we review de novo.”
- Kristopher Lee Roybal v. Tom Roy, Commissioner of Corrections Minn. Ct. App. 2015
- Kristopher Lee Roybal v. Tom Roy, Commissioner of Corrections Minn. Ct. App. 2015
- Ricky James Bedell v. Tom Roy, Commissioner of Corrections 853 N.W.2d 827 Minn. Ct. App. 2014
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Ricky James Bedell v. Tom Roy, Commissioner of Corrections
853 N.W.2d 827
Minn. Ct. App. 2014
d 763, 775-76 (Minn. 2005) (concluding that “some evidence” is the appropriate standard for judicial review of actions of prison authorities).
- Rew ex rel. T.C.B. v. Bergstrom 845 N.W.2d 764 Minn. 2014
- Rew ex rel. T.C.B. v. Bergstrom 845 N.W.2d 764 Minn. 2014
- Sawh v. City of Lino Lakes 823 N.W.2d 627 Minn. 2012
- Sawh v. City of Lino Lakes 823 N.W.2d 627 Minn. 2012
- Braylock v. Jesson 819 N.W.2d 585 Minn. 2012
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Braylock v. Jesson
819 N.W.2d 585
Minn. 2012
(citing Addington v. Texas, 441 U.S. 418, 423-24 , 99 S.Ct.
- State v. Ali 806 N.W.2d 45 Minn. 2011
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State v. Ali
806 N.W.2d 45
Minn. 2011
1388 , 71 L.Ed.2d 599 (1982) (“[T]he Court has engaged in a straightforward consideration of the factors identified in Eldridge to determine whether a particular standard of proof in a particular proceeding satisfies due process.”); -77 (Minn.2005) (applying the El-dridge factors to conclude that the “preponderance of the evidence” standard of proof did not satisfy procedural due process requirements when applied to a prison disciplinary proceeding that extended a prisoner’s release date).
- State v. Batchelor 786 N.W.2d 319 Minn. Ct. App. 2010
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State v. Batchelor
786 N.W.2d 319
Minn. Ct. App. 2010
would be appropriate, and Morrissey v. Brewer, 408 U.S. 471 , 92 S.Ct.
- State v. LeDOUX 770 N.W.2d 504 Minn. 2009