| A17-1754 |
Minn. |
2018-06-06 |
Denied
|
Wayne v. State
|
|
… credibility. Id. at 447-48 . Wayne subsequently filed a petition for a writ of habeas corpus in federal court for the District of Minnesota. The court denied his petition, and the Eighth Circuit affirmed, highlighting the same credibility …
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| A14-1186 |
Minn. |
2016-08-10 |
Denied
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Lane Francis Weitzel v. State of Minnesota
|
|
… urt considered the 1-year limitation period for filing a petition for a writ of habeas corpus in the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), 28 U.S.C. § 2244 (d)(l)(A)(2012). Day, 547 U.S. at 201 , 126 S.Ct. 1675 . Th …
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| A14-1970, A15-158 |
Minn. |
2015-07-29 |
Denied
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Otha Eric Townsend v. State of Minnesota
|
|
… l of reasonableness.” Id. Townsend then filed a petition for a writ of habeas corpus seeking a new trial and asking for the application of the harmless error standard. Townsend v. State (Townsend III), 646 N.W.2d 218, 219 (Minn. 20 …
|
| A13-1040 |
Minn. |
2015-04-08 |
Denied
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Jason Donald Matakis v. State of Minnesota
|
|
… Day v. McDonough, a U.S. Supreme Court case addressing the denial of a federal habeas corpus petition. 547 U.S. 198 , 126 S.Ct. 1675 , 164 L.Ed.2d 376 (2006). In Day, the petitioner filed his habeas petition after the expiration of the sta …
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| A13-1769 |
Minn. |
2015-02-04 |
Denied
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Myon Demarlo Burrell v. State of Minnesota
|
|
… U.S. 949, 954 (1981) (Marshall, J., dissenting from denial of certiorari) (“A habeas corpus proceeding is, of course, civil rather than criminal in nature, and consequently the ordinary Sixth Amendment guarantee of compulsory process . …
|
| No. A13-1956 |
Minn. Ct. App. |
2014-06-02 |
Denied
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Maiers v. Roy
|
|
… CONNOLLY, Judge. Appellant challenges the denial of his petition for a writ of habeas corpus, arguing that he is being illegally imprisoned for violating the terms of his conditional release because his term of conditional release did not …
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| No. A13-1524 |
Minn. Ct. App. |
2014-04-07 |
Denied
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Washington v. State
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… ed the United States District Court for the District of Minnesota for a writ of habeas corpus. The federal district court denied the petition in April 2009. Washington v. Benson, No. 08-135 (MJD/JJK), 2009 WL 943865 (D.Minn. Apr. 6, 2009). …
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| No. A13-0602 |
Minn. Ct. App. |
2013-08-05 |
Denied
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In re the Civil Commitment of Moen
|
|
… ly, the county suggests that Moen could seek relief in a petition for a writ of habeas corpus. The county’s suggestion is confirmed by the Commitment Act, which provides, “Nothing in this *48 chapter shall be construed to abridge the right …
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| No. A12-1733 |
Minn. Ct. App. |
2013-06-10 |
Denied
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Resendiz v. State
|
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… lt charge. That same day, the Hennepin County Attorney’s office filed a writ of habeas corpus ad prose-quendum compelling Resendiz’s appearance at Hennepin County District Court. Resendiz made his first appearance on October 20, and in Janu …
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| No. A12-0908 |
Minn. |
2013-02-13 |
Denied
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Berkovitz v. State
|
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… Berkovitz’s convictions on November 3, 2005, she filed a petition for a writ of habeas corpus in federal district court. In her petition, Berkovitz claimed that numerous errors occurred during her trial. The federal district court denied he …
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| No. A10-1350 |
Minn. |
2013-01-30 |
Denied
|
Beaulieu v. Minnesota Department of Human Services
|
|
… al and state habeas proceedings Beaulieu filed a pro se petition for a "writ of habeas corpus under 28 U.S.C. § 2254 (2006), with the federal district court on December 5, 2006. 4 The federal district court denied the petition. 5 On appeal, …
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| No. A09-2195 |
Minn. |
2012-07-18 |
Denied
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Sanchez v. State
|
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… r to the federal courts’ application of equitable tolling in the context of the habeas corpus statute, the federal equivalent of our postconviction statute. The Supreme Court of the United States recently held that the statute of limitation …
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| No. A10-1607 |
Minn. Ct. App. |
2011-05-31 |
Denied
|
Eclipse Architectural Group, Inc. v. Lam
|
|
… Moreover, “ ‘[o]ther process’ refers primarily to various extraordinary writs: habeas corpus, mandamus, quo warranto, certiorari and similar process.” 1 David F. Herr & Roger S. Haydock, Minnesota Practice § 4.5 (5th ed.2009). Because …
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| No. A10-1350 |
Minn. Ct. App. |
2011-04-26 |
Denied
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Beaulieu v. Minnesota Department of Human Services
|
|
… e district court’s commitment order. In 2009, Beaulieu petitioned for a writ of habeas corpus, alleging that his appointed attorney provided ineffective assistance by failing to appeal from the commitment order in a timely manner. The distr …
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| No. A10-1269 |
Minn. Ct. App. |
2011-01-04 |
Denied
|
In re the Civil Commitment of Lonergan
|
|
… eview denied (Minn. Oct. 21, 2008). Appellant also filed a petition for writ of habeas corpus, which the district court denied. This court affirmed, concluding that appellant’s intensive supervised release (ISR) did not violate the constitu …
|
| A10-581 |
Minn. Ct. App. |
2010-06-29 |
Denied
|
State Ex Rel. Peterson v. Fabian
|
|
… peal is from an order denying appellant Billy Peterson’s petition for a writ of habeas corpus challenging the extension of his incarceration beyond the completion of his sentence. We reverse and remand. FACTS On August 7, 2008, the district …
|
| A09-1280 |
Minn. Ct. App. |
2010-02-16 |
Denied
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Toua Hong Chang v. State
|
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… idence need not be repeated here. In 2006, Chang filed a petition for a writ of habeas corpus in the United States District Court for the District of Minnesota. The federal district court denied the habe-as petition, and that decision was a …
|
| No. A08-2060 |
Minn. Ct. App. |
2010-01-19 |
Denied
|
State v. Dickerson
|
|
… dy, made his first appearance in this assault case, pursuant to a state writ of habeas corpus ad prosequendum, and was returned to federal custody. On July 80, 2007, appellant pleaded guilty to violating his federal supervised release based …
|
| A08-2060 |
Minn. Ct. App. |
2010-01-19 |
Denied
|
State v. Dickerson
|
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… dy, made his first appearance in this assault case, pursuant to a state writ of habeas corpus ad prosequendum, and was returned to federal custody. On July 30, 2007, appellant pleaded guilty to violating his federal supervised release based …
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| A09-203 |
Minn. Ct. App. |
2009-12-29 |
Denied
|
State v. ROESCHELEIN
|
|
… t reversed the federal district court’s denial of Long’s petition for a writ of habeas corpus in Long v. Humphrey, 184 F.3d 758 (8th Cir.1999). The Eighth Circuit stated that “the critical inquiry is whether less drastic alternatives were a …
|
| A08-2213, A08-2234 |
Minn. Ct. App. |
2009-06-23 |
Denied
|
In Re the Civil Commitment of Travis
|
|
… ght-to-treatment argument through other legal avenues after commitment, such as habeas corpus, 42 U.S.C. § 1983 (2006), declaratory or injunctive re *59 lief, or the special review board. See Minn.Stat. § 253B.22 (2008) (providing review bo …
|
| A08-0927 |
Minn. Ct. App. |
2008-09-16 |
Denied
|
State Ex Rel. Marlowe v. Fabian
|
|
… trict court order denying the petition of appellant Brian Marlowe for a writ of habeas corpus challenging his continued incarceration after he reached his supervised release date. Because respondent Joan Fabian, Commissioner of Corrections, …
|
| A07-0428 |
Minn. Ct. App. |
2008-07-08 |
Denied
|
State v. Ali
|
|
… erent approach. In Munoz v. Keane, a New York federal district court denied the habeas corpus petitions of two codefen-dants who were convicted in a trial prosecuted by an assistant district attorney, Daniel Penofsky, who had graduated from …
|
| A07-1437 |
Minn. |
2008-06-26 |
Denied
|
State v. Medrano
|
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… in Duckworth. Id. at 199, 109 S.Ct. 2875 . The defendant then sought a writ of habeas corpus, which the United States District Court for the Northern District of Indiana denied. Id. The Court of Appeals for the Seventh Circuit reversed, co …
|
| A06-199 |
Minn. |
2008-01-10 |
Denied
|
State v. Mohs
|
|
… t 153 , 47 S.Ct. 319 . Following his arrest, Daugherty petitioned for a writ of habeas corpus. Id. at 154 , 47 S.Ct. 319 . Addressing Daugherty’s argument that the warrant violated the oath-or-afflrmation clause of the Fourth Amendment, the …
|
| A07-148 |
Minn. |
2007-07-19 |
Denied
|
Rhodes v. State
|
|
… rt. Rhodes I, 627 N.W.2d at 81 . 2 . Subsequently, Rhodes' petition for writ of habeas corpus in federal district court was denied, see Rhodes v. Fabian, No. Civ. 04-176RHKSRN, 2005 WL 2704896 , at *1 (D.Minn. Sept.12, 2005), as was his app …
|
| A06-199 |
Minn. Ct. App. |
2007-01-30 |
Denied
|
State v. Mohs
|
|
… bench warrants in its opinion, which addressed whether a pre-indictment writ of habeas corpus would overcome allegations of treason. Id. at 134-36. Over sixty-five years later, the Court declared the central principle, explaining that “[t]h …
|
| A06-168 |
Minn. |
2006-10-26 |
Denied
|
Hankerson v. State
|
|
… tion. Id. at 36 & n. 4, 109 S.Ct. 285 . When the defendant sought a writ of habeas corpus in the federal district court, an investigation confirmed that one conviction had been pardoned. Id. at 37 , 109 S.Ct. 285 . The district court de …
|
| A04-1971 |
Minn. |
2006-08-31 |
Denied
|
State v. Mayhorn
|
|
… involving drugs.” State v. Robinson, 604 N.W.2d 355, 363 (Minn.2000), denial of habeas corpus affirmed by Robinson v. Crist, 278 F.3d 862 (8th Cir.2002). But it is improper for a prosecutor to highlight the defendant’s racial or socioeconom …
|
| A05-1554 |
Minn. Ct. App. |
2006-06-13 |
Denied
|
State Ex Rel. Guth v. Fabian
|
|
… INION WILLIS, Judge. In this appeal from the denial of a petition for a writ of habeas corpus, appellant *25 contests his removal from the challenge incarceration program (CIP) and the “abscond/escape charge” on his prison record. Because t …
|
| A05-2145 |
Minn. |
2006-05-25 |
Denied
|
Jihad v. State
|
|
… te, 594 N.W.2d 522, 524-26 (Minn.1999). Jihad next filed a petition for federal habeas corpus relief, but the federal district court dismissed the petition as time barred and the Eighth Circuit affirmed the dismissal. See Jihad v. Hvass, 26 …
|
| A05-1160 |
Minn. Ct. App. |
2006-04-25 |
Denied
|
Noske v. Friedberg
|
|
… . at *7. In 1993, appellant petitioned the federal district court for a writ of habeas corpus. The federal district court ruled that respondent’s assistance was constitutionally deficient because his conduct breached his duty of consultatio …
|
| A05-2498 |
Minn. Ct. App. |
2006-04-04 |
Denied
|
Johnson v. Fabian
|
|
… pt placement into the treatment unit.” Appellant filed a petition for a writ of habeas corpus. The district court denied the petition, finding that the TRIAD program did not require appellant to answer incriminating questions and that the c …
|
| A03-1747 |
Minn. Ct. App. |
2004-08-17 |
Denied
|
State v. Kurz
|
|
… dissatisfaction with the trial date or acceptance of counsel except by writ of habeas corpus filed without the aid of his court-appointed counsel. Further, although not cited to in Wilson , this court has stated that the right to a speedy …
|
| A03-1779 |
Minn. Ct. App. |
2004-07-13 |
Denied
|
Loyd v. Fabian
|
|
… a district court order denying respondent Eddie Dee Loyd’s petition for writ of habeas corpus but ordering that his period of extended incarceration be limited to 30 days pursuant to a contract signed by Loyd prior to his entering a drug-tr …
|
| C0-03-17 |
Minn. Ct. App. |
2003-04-08 |
Denied
|
State Ex Rel. Allen v. Fabian
|
|
… ed appeal from an order denying appellant Norman Allen’s petition for a writ of habeas corpus challenging his confinement following a revocation of his supervised release. Appellant argues that the district court erred in summarily denying …
|
| C6-02-61 |
Minn. |
2002-06-27 |
Denied
|
Townsend v. State
|
|
… ” citing as an example Townsend I. Townsend then filed a petition for a writ of habeas corpus, which the district court treated as a petition for post-conviction relief under Chapter 590, in which Townsend sought application of the correct …
|
| C4-01-243 |
Minn. |
2001-07-26 |
Denied
|
Boitnott v. State
|
|
… counsel, filed a first petition for postconviction relief, and sought a writ of habeas corpus in federal court. 1 Boitnott’s ineffective assistance of trial counsel allegations were undisputedly raised, but not necessarily decided on the me …
|
| C3-99-1558 |
Minn. Ct. App. |
2000-05-02 |
Denied
|
State v. Olson
|
|
… to go through a second trial. Reversed. . The defendant in Long filed a federal habeas corpus claim, challenging the Minnesota Supreme Court’s decision. See Long v. Humphrey, 184 F.3d 758 (8th Cir.1999). The Eighth Circuit Court of Appeals …
|
| CX-99-231 |
Minn. |
1999-10-21 |
Denied
|
Wayne v. State
|
|
… ayne Fenney to Michael Wayne. 2 . Appellant also filed a petition for a writ of habeas corpus in federal district court. The district court denied his petition and the Eighth Circuit Court of Appeals affirmed, con-eluding that appellant was …
|
| C9-98-2266 |
Minn. Ct. App. |
1999-07-20 |
Denied
|
In Re Simpkins
|
|
… l of his requests to (1) appear by telephone conference; or (2) issue a writ of habeas corpus ad testificandum directing the sheriff to transport him to the district courthouse for the hearing violated his First Amendment right to religious …
|
| No. C9-98-2266 |
Minn. Ct. App. |
1999-07-20 |
Denied
|
In re Name Change of SIMPKINS
|
|
… l of his requests to (1) appear by telephone conference; or (2) issue a writ of habeas corpus ad testifican-dum directing the sheriff to transport him to the district courthouse for the hearing violated his First Amendment right to religiou …
|
| C7-98-1973, C5-98-2121, C9-98-1974, C3-98-2246, C3-98-2120 |
Minn. Ct. App. |
1999-05-18 |
Denied
|
Joelson v. O'KEEFE
|
|
… as psycho *907 pathic personalities, brought individual petitions for writs of habeas corpus to challenge the constitutionality of their commitments. The district courts denied the petitions and these appeals followed, which we consolidate …
|
| C4-98-361 |
Minn. Ct. App. |
1998-09-08 |
Denied
|
Northwest v. LaFleur
|
|
… OPINION CRIPPEN, Judge. In this appeal from the trial court’s denial of his habeas corpus petition, appellant David Northwest disputes a disciplinary confinement determination based on his failure to successfully complete sex offender treat …
|
| C4-96-2591 |
Minn. |
1998-05-14 |
Denied
|
State v. Edrozo
|
|
… The Fifth Circuit addressed a factual setting. similar to the present case in a habeas corpus proceeding in Stanley v. Wainwright, 604 F.2d 379 (5th Cir.1979). In Stanley , the court observed that surreptitious taping in a police car did no …
|
| C7-98-323 |
Minn. Ct. App. |
1998-03-24 |
Denied
|
State Ex Rel. Morrow v. LaFleur
|
|
… an appeal from an order denying appellant Randy Morrow’s petition for a writ of habeas corpus challenging a disciplinary sanction imposed on him by respondent that extends his supervised release date by 90 days. We reverse. FACTS Morrow was …
|
| C1-97-338 |
Minn. Ct. App. |
1997-08-26 |
Denied
|
Taylor v. Lieffort
|
|
… obb Taylor challenges the district court’s denial of his petition for a writ of habeas corpus, arguing that the district court erred (1) in concluding that his right against self-incrimination had not been violated and (2) in finding that T …
|
| C2-96-1682 |
Minn. Ct. App. |
1997-02-04 |
Denied
|
Matter of Welfare of AY-J.
|
|
… The district court conducted the initial appearance on July 18, 1995. A writ of habeas corpus was obtained by appellant’s counsel to secure his appearance from the Anoka jail, but appellant refused to attend the hearing. The original hearin …
|
| C6-95-1481 |
Minn. |
1996-12-05 |
Denied
|
Van Buren v. State
|
|
… that the complainant was sincere. Id. at 662 . The defendant in Maurer filed a habeas corpus petition in federal court.. Maurer v. Department of Corrections, 32 F.3d 1286 (8th Cir.1994). Ultimately, the Eighth Circuit Court of Appeals gran …
|
| C9-94-1061 |
Minn. Ct. App. |
1995-01-31 |
Denied
|
Ascher v. Commissioner of Public Safety
|
|
… 5 , 96 S.Ct. 3037 , 49 L.Ed.2d 1067 (1976) (exclusionary rule does not apply in habeas corpus proceeding where there has been a full hearing on the habeas corpus claims in the underlying criminal trial); I.N.S. v. Lopez-Mendoza, 468 U.S. 10 …
|