| A17-1278 |
Minn. Ct. App. |
2018-04-09 |
Stayed
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State v. Roy
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… Appellant challenges the district court's denial of his petition for a writ of habeas corpus, arguing, in part, that respondent Minnesota Commissioner of Corrections (commissioner) exceeded his authority by using review hearings as a decis …
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| A16-960 |
Minn. |
2016-09-28 |
Dismissed
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Minnesota Voters Alliance and Kirk Stensrud v. Steve Simon, only in his official capacity…
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… es in the proceedings that would be required by entertaining original writs of habeas corpus”); cf. State ex rel. Grubbs v. Schulz, 142 Minn. 112, 113-14, 171 N.W. 263, 264 (1919) (explaining that our court could “undoubtedly entertain o …
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| A13-560 |
Minn. |
2016-02-17 |
Stayed
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Thomas Daniel Rhodes v. State of Minnesota, A13-560
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… ions is twice as long as the 1-year statute of limitations for bringing federal habeas corpus claims. See 28 U.S.C. § 2244 (d)(1) (2012) (“A 1-year period of limitations shall apply to an application for a writ of habeas corpus by a person …
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| No. A12-1224 |
Minn. Ct. App. |
2013-01-07 |
Dismissed
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In re the Civil Commitment of Crosby
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… ded another five years. Crosby was discharged from that commitment on a writ of habeas corpus because the district court had erred in his original 1975 commitment by basing the commitment on kidnapping, which was not then one of the enumera …
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| No. A10-2061 |
Minn. |
2012-07-18 |
Stayed
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Carlton v. State
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… ssed the postconviction statute in 1967, we allowed prisoners to bring writs of habeas corpus or coram nobis to challenge their convictions. See Kelsey v. State, 283 N.W.2d 892, 894 (Minn.1979) (explaining that our court “expanded habeas co …
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| No. A10-2289 |
Minn. Ct. App. |
2011-06-13 |
Stayed
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In re the Civil Commitment of Navratil
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… f Travis, 767 N.W.2d 52, 58-59 (Minn.App.2009) (available legal avenues include habeas corpus, declaratory or injunctive relief, or a special review board); Pope, 351 N.W.2d at 683 (stating that “treatment of patients is properly raised bef …
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| A08-0269 |
Minn. Ct. App. |
2008-12-23 |
Dismissed
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Roth v. Commissioner of Corrections
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… lant argues that the district court erred in denying his petition for a writ of habeas corpus because (1) he was disciplined for refusing to admit to sex offenses and (2) Johnson v. Fabian, 735 N.W.2d 295 (Minn.2007) applies retroactively t …
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| A06-2381 |
Minn. Ct. App. |
2007-12-31 |
Reinstated
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Rud v. Fabian
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… . This appeal is from a judgment that grants an inmate’s petition for a writ of habeas corpus and orders that good time that the inmate lost as a sanction for violating a prison disciplinary rule be reinstated. The judgment also orders the …
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| A04-1028 |
Minn. |
2006-09-28 |
Stayed
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State v. Losh
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… 8 F.3d 1033, 1035-36 (8th Cir.2001) (holding statute of limitations for federal habeas corpus petition was not tolled during 90-day period during which petitioner *895 could have filed a petition for a writ of certio-rari from the denial of …
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| C3-02-1961 |
Minn. |
2004-05-13 |
Stayed
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Hutchinson v. State
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… nnsylvania courts declined to grant Fiore postconviction relief, and on federal habeas corpus review the United States Supreme Court granted certiorari to consider “when, or whether, the Federal Due Process Clause requires a State to apply …
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| C7-02-1073 |
Minn. |
2003-11-06 |
Dismissed
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Noske v. Friedberg
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… ed, concluding that Noske’s cause of action did not accrue until he was granted habeas corpus relief by the federal district court in 1999. We affirm the court of appeals. In July of 1989, Noske was arrested and charged with five counts of …
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| C0-01-1101 |
Minn. |
2003-05-01 |
Dismissed
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State v. Grunig
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… oberts, 468 U.S. 27, 29-30 , 104 S.Ct. 2916 , 82 L.Ed.2d 23 (1984) (ruling in a habeas corpus action that the Supreme Court “may affirm on any ground that the law and the record permit and that will not expand the relief granted below”); Sm …
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| C1-02-1778 |
Minn. Ct. App. |
2003-04-15 |
Dismissed
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STATE EX REL. ENGEL v. Fletcher
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… INION WRIGHT, Judge. On appeal from a judgment denying a petition for a writ of habeas corpus challenging his extradition to Wisconsin, appellant Kenneth Engel argues that the demand for extradition contained incorrect and contradictory inf …
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| C1-99-1946 |
Minn. Ct. App. |
2000-06-26 |
Stayed
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State v. Schwartz
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… is petition for postconviction relief and dismissing his petition for a writ of habeas corpus. We affirm. FACTS In August 1996, Schwartz was convicted of two counts of second-degree criminal sexual conduct for fondling a four-year-old child …
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| C4-99-970 |
Minn. Ct. App. |
1999-09-28 |
Dismissed
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State v. Kaquatosh
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… e context of a similar issue. In Morrow, the defendant petitioned for a writ of habeas corpus, challenging the disciplinary sanction (delayed release from incarceration) imposed on him by the Commissioner of Corrections for failure to parti …
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| C0-92-1042 |
Minn. |
1992-12-11 |
Dismissed
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State v. Clausen
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… entitled “Due process; prosecutions; second jeopardy; self-incrimination; bail; habeas corpus.” It reads: No person shall be held to answer for a criminal offense without due process of law, and no person shall be put twice in jeopardy of p …
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| C6-90-1896 |
Minn. |
1992-04-17 |
Stayed
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Hill v. State
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… of the prior conviction. Cf., Mattheson v. Maggio, 714 F.2d 362 (5th Cir.1983) (habeas corpus petitioner has burden of proving convictions used to enhance sentence were uncounseled). Since, however, defendant filed his motion before the tim …
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| CX-91-1040 |
Minn. |
1991-06-20 |
Dismissed
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Seventy-Seventh Minnesota State Senate v. Carlson
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… he district court and the supreme court had original jurisdiction over writs of habeas corpus, the proper procedure announced was to petition the district court for relief). We are certainly aware of the immediacy and significance of the su …
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| C7-89-1139 |
Minn. Ct. App. |
1990-02-21 |
Dismissed
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Larson v. Dunn
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… visitational rights in one parent may in appropriate situations be corrected by habeas corpus or, more commonly, by citation for contempt of court. Id. Finally, the court noted that an action for enticement of a child still exists under Min …
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| C7-87-2349 |
Minn. Ct. App. |
1988-05-10 |
Dismissed
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State v. Lewis
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… 8 F.Supp. 580 (S.D.N.Y.1978) where the federal district court granted a writ of habeas corpus compelling the state of New York to dismiss its charges. The state had taken custody of a federal prisoner to try its indictment but returned him …
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| C2-87-931 |
Minn. Ct. App. |
1987-09-01 |
Dismissed
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Marriage of Ferguson v. Ferguson
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… se the nonresident obligor had enforced his visitation rights through a writ of habeas corpus. 652 P.2d at 1012 , 186 Cal.Rptr. at 781 . In response to the custodial parent’s argument that the obligor had made a general appearance by securi …
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| No. C9-87-36 |
Minn. Ct. App. |
1987-08-18 |
Stayed
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State v. Peterson
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… nsel to tell him he would be testifying at trial, and failure to file a writ of habeas corpus. During trial, after appellant made his concerns known, the judge afforded appellant the opportunity to finish the trial pro se, and appellant dec …
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| C2-86-899 |
Minn. Ct. App. |
1987-02-10 |
Dismissed
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Anderson v. City of Hopkins
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… 82, Sylvia Anderson petitioned the Hennepin County District Court for a writ of habeas corpus to compel respondents Bernard, Leona and Ulla Anderson to appear on the morning of September 8 with Cynthia and Paul at a hearing regarding Cynthi …
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| No. C9-86-334 |
Minn. Ct. App. |
1986-10-07 |
Dismissed
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State ex rel. Linehan v. Wood
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… Judge. Dennis Linehan appeals from an order denying his petition for a writ of habeas corpus and contends the trial court erred by not awarding jail credit. We agree and reverse. FACTS On October 1, 1965, appellant pleaded guilty in Ramsey …
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| C8-85-881 |
Minn. |
1986-05-09 |
Dismissed
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Edstrom v. State
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… lvin Edstrom, who is serving a 30-year sentence imposed in 1975 for rape, seeks habeas corpus. It appears that the Federal District Court dismissed Edstrom’s petition for habeas corpus because of failure to exhaust state remedies. Edstrom t …
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| C2-84-1787 |
Minn. Ct. App. |
1985-08-13 |
Stayed
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State v. Marti
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… warrant only upon his release from his second sentence. Petitioner then sought habeas corpus relief, seeking dismissal of the parole violator warrant because he had been denied a *758 prompt hearing at which the pending parole revocation i …
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| No. C8-83-2044 |
Minn. Ct. App. |
1984-01-11 |
Stayed
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Soutor v. State
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… 982. On September 26, 1983, the Magistrate recommended dismissal of the Writ of Habeas Corpus without prejudice because the petitions contained unex-hausted state claims and the state court had not been afforded a full and fair opportunity …
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| 50666 |
Minn. |
1980-08-29 |
Stayed
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State v. Lothenbach
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… would not be foreclosed from pursuing those constitutional claims in a federal habeas corpus proceeding. But the only difference between such a procedure and the one New York has chosen is that the plea entered is labeled a plea of “not gu …
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| 50619-50623 |
Minn. |
1980-06-20 |
Dismissed
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State Ex Rel. L.E.A. v. Hammergren
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… SHERAN, Chief Justice. Petitioners appeal from dismissal of their petition for habeas corpus in the Fourth Judicial District. Petitioners sought habeas corpus claiming they were wrongfully being held in the Hennepin County Detention Center …
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| 48751, 48766 |
Minn. |
1980-05-30 |
Dismissed
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State Ex Rel. Doe v. Madonna
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… er 24, she filed in the Hennepin County District Court a petition for a writ of habeas corpus, a class action complaint for declaratory judgment, a motion for class certification, and a motion to intervene in the John Doe case. 1 (The John …
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| 49357 |
Minn. |
1979-08-24 |
Stayed
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Vezina v. State
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… The state argues that the challenge should instead have been made pursuant to a habeas corpus proceeding. The trial court made no ruling on this argument because the issue was not previously raised by the state. In our recent decision of Ke …
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| No. 49237 |
Minn. |
1979-07-13 |
Dismissed
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State ex rel. Main v. Omodt
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… r from an order of the district court discharging her application for a writ of habeas corpus. Petitioner was originally charged with aggravated assault, but, pursuant to an agreement between petitioner and the prosecutor, the state put the …
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| 48137 |
Minn. |
1977-12-30 |
Dismissed
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State v. Bailey
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… appeals from an order of the Nicollet County District Court quashing a writ of habeas corpus. We affirm. On May 18, 1977, petitioner was sentenced to 0 to 20 years for criminal sexual conduct in the first degree, 1 and 0 to 40 years for ki …
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| 46547 |
Minn. |
1976-07-02 |
Dismissed
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Gayles v. Hedman
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… appeal from an order of the district court, following proceedings on a writ of habeas corpus, discharging from custody petitioner, who was being held on a rendition warrant. Reversing, we hold that the district court erred in considering w …
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| 44333 |
Minn. |
1974-06-07 |
Dismissed
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State Ex Rel. Doherty v. Duggan
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… Per Curiam. This is an appeal from an order discharging a writ of habeas corpus in an extradition proceeding. In response to a demand by the governor of the State of Colorado the governor of Minnesota issued a rendition warrant for petition …
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| 42790 |
Minn. |
1972-09-01 |
Dismissed
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DeGidio v. State
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… atment as an addict. 2 The state suggests that either mandamus or certiorari or habeas corpus would be the appropriate procedure for a judicial review of the merits of petitioner’s claims. 3 Minn. St. 242.36 provides: “(1) Within 30 days fr …
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| Nos. 42893, 42904 |
Minn. |
1972-01-28 |
Dismissed
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Keiser v. Sheppard
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… prohibition consolidated with an appeal by the state from an order, entered in habeas corpus proceedings, which directs relator’s release from a state hospital where he is confined under the so-called psychopathic personality law. The only …
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| No. 42002 |
Minn. |
1971-04-02 |
Stayed
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State ex rel. Polk v. Tahash
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… Per Curiam. This is an appeal from a judgment dismissing a writ of habeas corpus by which defendant sought to test the validity of his confinement in the State Prison arising out of a conviction for sodomy in 1955. The issue is whether the …
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| 42991 |
Minn. |
1971-03-19 |
Dismissed
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State Ex Rel. Reed v. Hedman
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… k in Omaha, Nebraska, on October 20, 1970. The trial court discharged a writ of habeas corpus and this appeal followed. No brief was filed on behalf of appellant and no appearance was made at scheduled oral argument, so the appeal should be …
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| 41985 |
Minn. |
1970-12-24 |
Stayed
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McMillen v. State
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… ut a year and a half of his sentence, petitioner filed a petition for a writ of habeas corpus, which was denied. Subsequently, represented by the public defender, he filed this petition for postconviction relief pursuant to Minn. St. c. 590 …
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| 42046 |
Minn. |
1970-08-28 |
Dismissed
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State Ex Rel. Swyston v. Hedman
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… ppellant was arrested on March 11, 1969. Thereafter he petitioned for a writ of habeas corpus. A hearing was held on May 14, 1969. In his petition, appellant alleged that the demand for extradition and the war *531 rant were not proper in f …
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| 41749 |
Minn. |
1969-08-15 |
Dismissed
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State v. Miernik
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… have sought the same relief from the district court by a petition for a writ of habeas corpus. Minn. St. 484.03. …
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| 40991 |
Minn. |
1969-04-18 |
Stayed
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State Ex Rel. Thunstrom v. Tahash
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… eran, Justice. Appeal from an order of the district court discharging a writ of habeas corpus. On January 28, 1963, petitioner, represented by counsel of his own selection, entered a plea of guilty to the crime of burglary in the third degr …
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| 41246 |
Minn. |
1968-12-27 |
Dismissed
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State Ex Rel. Brown v. Telander
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… s state. He then petitioned the District Court of Hennepin County for a writ of habeas corpus pursuant to Minn. St. 629.10. After a hearing, the trial court dismissed the writ and ordered petitioner held for the Colorado authorities. Petiti …
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| 41285 |
Minn. |
1968-11-01 |
Dismissed
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Chapman v. State
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… 966, defendant petitioned the District Court of Washington County for a writ of habeas corpus alleging that his plea of guilty to the charge of murder in the second degree was improperly accepted because the presentence interrogation to whi …
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| 40980 |
Minn. |
1968-06-28 |
Stayed
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State Ex Rel. Sargent v. Tahash
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… Murphy, Justice. This is an appeal from an order discharging a writ of habeas corpus. At the time defendant petitioned for the writ, he was in custody of the state pursuant to a sentence on a prosecution for child abandonment. Minn. St. 196 …
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| Nos. 40,313, 40,622 |
Minn. |
1968-06-21 |
Dismissed
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State v. Fox
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… St. 609.625. He appeals from the conviction and from an order denying a writ of habeas corpus. Because defendant was unconditionally discharged by the Adult Corrections Commission on December 22, 1966, the appeal from the order denying his …
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| 40821 |
Minn. |
1968-04-26 |
Stayed
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State Ex Rel. Lillemoe v. Tahash
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… Rogosheske, Justice. A writ of habeas corpus issued on defendant’s petition was discharged after a hearing, and he appeals. The question presented is whether the term of defendant’s imprisonment under two separate 5-year sentences has expir …
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| 41145 |
Minn. |
1968-03-29 |
Dismissed
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State Ex Rel. Brown v. Hedman
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… , Chief Justice. This is an appeal from an order denying a petition for writ of habeas corpus in an extradition proceeding. On May 23, 1967, relator was taken into custody by Burnsville, *70 Minnesota, officers pursuant to a traffic warrant …
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| 40896 |
Minn. |
1968-02-23 |
Dismissed
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State Ex Rel. Simonson v. Tahash
|
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… eran, Justice. Appeal from an order of the district court discharging a writ of habeas corpus. On April 29, 1959, defendant pleaded guilty to the charge of robbery in the first degree (Minn. St. 1961, § 619.42, now superseded by Minn. St. 6 …
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