| A18-0323; A18-0333 |
Minn. Ct. App. |
2018-10-22 |
Granted
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In re G. J. Parents F.
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… 97 S.Ct. 1730 , 52 L.Ed.2d 203 (1977) (discussing, in the context of a federal habeas corpus proceeding, a limited circumstance in which a state court's final judgment may be collaterally attacked); Bode v. Minn. Dep't of Nat. Res. , 612 N …
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| A16-283 |
Minn. |
2017-01-11 |
Granted
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In re Timothy Leslie, Dakota County Sheriff, State of Minnesota v. John David Emerson
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… thout prejudice, which would have allowed him to file a petition for a writ of habeas corpus—a civil action authorized by Minnesota Statutes chapter 589 (2016). Schnagl, 859 N.W.2d at 303. In such an action, Schnagl could name the …
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| A07-310 |
Minn. Ct. App. |
2008-05-06 |
Granted
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City of West St. Paul v. Krengel
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… to mental institutions. 295 N.W.2d at 358 . The plaintiffs filed petitions for habeas corpus during their pre-hearing confinements, which lasted only a matter of weeks, but the petitions were not adjudicated before their pre-hearing confin …
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| A03-334 |
Minn. |
2003-12-04 |
Granted
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Jones v. State
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… n be dismissed. Nineteen months later, Jones filed an application for a writ of habeas corpus in federal district court. Jones based his ha-beas action on the claims that: (1) the state failed to disclose the scope of the plea agreement wit …
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| C7-02-1073 |
Minn. Ct. App. |
2003-02-05 |
Granted
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Noske v. Friedberg
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… ederal district court granted appellant James L. Noske’s petition for a writ of habeas corpus and vacated Noske’s 1990 assault conviction,-based on the court’s conclusion that Noske had been denied his Sixth Amendment right to the effective …
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| C3-00-2071 |
Minn. |
2001-09-06 |
Granted
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State v. Wilson
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… me period when defendant delayed entry of a plea, sought a continuance, filed a habeas corpus petition and relieved and obtained counsel). To hold otherwise would allow defendants to trigger a UMDDA violation simply by pursuing a motion to …
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| C6-95-1786, C6-96-1281 |
Minn. |
1997-05-29 |
Granted
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State v. Walen
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… 14 , 176 Cal.Rptr. 721 (1981) (stating there is no attorney-client privilege in habeas corpus proceeding); State v. Kruchten, 101 Ariz. 186 , 417 P.2d 510 (1966) (finding that a party waived his privilege by asserting in a post-conviction p …
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| C8-96-1024 |
Minn. Ct. App. |
1997-02-18 |
Granted
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Granite Valley Hotel Ltd. Partnership v. Jackpot Junction Bingo & Casino
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… icts will face its first constitutional test in a federal court’s response to a habeas corpus petition by Ronald Smith. Smith was found not guilty of marijuana possession Jan. 25 by five of six Red Lake jurors. But Chief Magistrate Wanda Ly …
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| C0-95-1282, C6-95-1559 |
Minn. |
1996-02-16 |
Granted
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Kennedy v. Carlson
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… (enormous backlog of appellate cases assigned to public defenders would support habeas corpus relief for indigent appellants unless new funds were appropriated within 60 days); Halten v. State, 561 So.2d 562, 565 (Fla.1990) (excessive backl …
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| C0-95-133 |
Minn. Ct. App. |
1995-09-28 |
Granted
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Gavle v. Little Six, Inc.
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… mmunity. Id. at 59 , 98 S.Ct. at 1677 . Instead, the 1968 law only provides for habeas corpus relief to test the validity of tribal action. Id. at 58 , 98 S.Ct. at 1677 . Appellant must seek relief under the Act in the tribal court. Id. at …
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| C6-95-279 |
Minn. Ct. App. |
1995-08-01 |
Granted
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Klammer v. Lower Sioux Convenience Store
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… In a case concerning exhaustion of remedies related to state and federal court habeas corpus proceedings, the Supreme Court cited Iowa Mut. and National Farmers Union as examples where it “treat[s] nonexhaustion as an inflexible bar to con …
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| C7-94-1544 |
Minn. Ct. App. |
1995-03-07 |
Granted
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Perez v. Sheriff of Watonwan County
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… fornia. Perez challenges the trial court's denial of his petition for a writ of habeas corpus, arguing the trial court erred in denying him an opportunity to present evidence on the issues underlying his extradition warrant. We affirm. FACT …
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| C3-93-381, C8-93-523 |
Minn. Ct. App. |
1993-09-10 |
Granted
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Matter of Linehan
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… s affirmed the federal district court’s dismissal of his petition for a writ of habeas corpus. Linehan v. State of Minnesota, 437 F.2d 395 (8th Cir.1971). Between 1965 and 1975, when Linehan was in prison, he engaged in an elaborate, extens …
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| C5-87-79 |
Minn. |
1987-08-14 |
Granted
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State v. Coe
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… endant because if he had not appealed he would have been entitled to release on habeas corpus once the statutory maximum 60-month term had been served. Id. The flaw in this reasoning is the assumption that if defendant had not appealed he w …
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| C3-86-1611 |
Minn. |
1987-04-10 |
Granted
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State v. Paradee
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… e court, to be made available to the reviewing court in the event of an appeal, habeas corpus proceedings, or post-conviction proceedings under Minn. Stat. §§ 590.01-590.06 (1971). In this case we simply hold that in camera examination by t …
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| C7-86-1269, CO-86-1419 |
Minn. Ct. App. |
1987-01-13 |
Granted
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State v. Whitcomb
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… finding of direct contempt. Whit-comb now appeals his remand to custody in the habeas corpus proceeding and the underlying finding of direct contempt. 1 Minn.Stat. § 589.14, subd. 3 (Supp.1985) provides that when a writ of habeas corpus ha …
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| C9-86-334 |
Minn. |
1986-12-19 |
Granted
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State Ex Rel. Linehan v. Wood
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… s escape from and return to prison in Minnesota. In 1985 Linehan petitioned for habeas corpus seeking credit against his Minnesota sentence for time served in prison in Michigan. The trial court denied the petition, relying on State v. Will …
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| C9-85-1652 |
Minn. Ct. App. |
1986-05-27 |
Granted
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Marriage of Lundell v. Lundell
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… return Daniel to his father’s custody. Respondent then petitioned for a writ of habeas corpus in Texas to compel appellant to return Daniel to Minnesota. Appellant also filed an action in Texas seeking a custody modification and a temporary …
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| No. CO-84-489 |
Minn. |
1985-12-13 |
Granted
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Case v. Wood
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… District Court granted respondent Raymond A. Case, Jr.’s petition for a writ of habeas corpus for supervised release from the Minnesota Correctional Facility — Oak Park Heights for good time earned. The Minnesota Court of Appeals affirmed. …
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| No. CO-84-489 |
Minn. Ct. App. |
1984-12-11 |
Granted
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Case v. Wood
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… ered by the district court granting Raymond A. Case, Jr.’s petition for writ of habeas corpus. We affirm. FACTS At the time he petitioned for habeas corpus, Raymond A. Case, Jr. was an inmate at the Minnesota Correctional Facility-Oak Park …
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| No. C8-84-675 |
Minn. Ct. App. |
1984-10-16 |
Granted
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Marriage of Taylor v. Taylor
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… from a school in St. Paul. He then traveled to Minnesota and obtained a writ of habeas corpus, to be heard on May 26, 1983. When appellant appeared in response, the hearing was continued for a week to enable her to obtain counsel. On June 2 …
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| 48727 |
Minn. |
1980-04-11 |
Granted
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State v. Eaton
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… either appeal. However, appellant Eaton, as well as Stith, may initiate a state habeas corpus proceeding to challenge the legal adequacy of the procedures followed by the parole authorities. Kelsey v. State, 283 N.W.2d 892 (Minn.1979); Stat …
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| 48726 |
Minn. |
1980-04-11 |
Granted
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State v. Stith
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… e the question of the matrix as applied to Stith and Eaton is by separate state habeas corpus proceedings in the manner provided by our decision in Kelsey v. State, 283 N.W.2d 892 (Minn.1979). See also, State ex rel. Taylor v. Schoen, 273 N …
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| 47072 |
Minn. |
1979-02-09 |
Granted
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State v. Stewart
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… tained by the Illinois Supreme Court. Thirteen years later, he sought a writ of habeas corpus from the Federal court based on his removal from the courtroom. The district court declined to issue the writ, but the court of appeals, in a divi …
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| 47812 |
Minn. |
1978-06-02 |
Granted
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In Re Welfare of A. R. W.
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… enile court division, Hennepin County District Court, making absolute a writ of habeas corpus. By order of June 10, 1977, this court granted a petition for discretionary review and stayed execution of the juvenile court’s order directing th …
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| Nos. 46524, 46743 |
Minn. |
1977-02-18 |
Granted
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Larson v. Stoner
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… stody of the child to Mr. Stoner, whereupon Mr. Stoner petitioned for a writ of habeas corpus. At the same time Lutheran Social Services and Ms. Larson brought a motion for amended findings or, in the alternative, for a new trial, arguing t …
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| 46524, 46743 |
Minn. |
1977-02-18 |
Granted
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In Re Welfare of Larson
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… stody of the child to Mr. Stoner, whereupon Mr. Stoner petitioned for a writ of habeas corpus. At the same time Lutheran Social Services and Ms. Larson brought a motion for amended findings or, in the alternative, for a new trial, arguing t …
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| No. 46535 |
Minn. |
1977-01-21 |
Granted
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State ex rel. Eagle v. Omodt
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… Justice. This is an appeal from a denial of a juvenile’s petition for a writ of habeas corpus. We affirm; On January 31, 1975, a delinquency petition was filed in the Hennepin County District Court, Juvenile Division, alleging that Brian Al …
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| 46097 |
Minn. |
1977-01-21 |
Granted
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State v. Duncan
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… a probable cause hearing for 16 days before finally being released on a writ of habeas corpus. It is not disputed that a fair and reliable determination of probable cause must be provided when there is any significant pretrial restraint on …
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| 45894 |
Minn. |
1976-06-04 |
Granted
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State Ex Rel. Otterstetter v. McManus
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… ce. This is an appeal from an order of the district court discharging a writ of habeas corpus. The issue on appeal is whether, under the provisions of the Interstate Agreement on Detainers and the facts of this case, a penal sentence impose …
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| 45226 |
Minn. |
1975-03-14 |
Granted
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State Ex Rel. Hall v. McRae
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… Yetka, Justice. Appeal by Robert Hall from an order discharging a writ of *285 habeas corpus. Appellant’s contention that he has been deprived of due process and equal protection is based upon the failure of the Minnesota Corrections Author …
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| 43313 |
Minn. |
1972-08-18 |
Granted
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Wertheimer v. State
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… legal counsel. The legality of the extradition may then be tested by a writ of habeas corpus. Defendant contends that the state has refused to appoint counsel and grant him a hearing solely because of his status as a prisoner, and by doing …
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| 43049 |
Minn. |
1971-11-26 |
Granted
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State Ex Rel. Trimble v. Hedman
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… peal from an order of the District Court of Ramsey County discharging a writ of habeas corpus. The facts may be briefly stated. On May 22, 1970, just after midnight, a call was received by the St. Paul Police Headquarters requesting that as …
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| No. 42464 |
Minn. |
1971-06-04 |
Granted
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Cleaver v. State
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… voked and he was returned to the State Prison. At this point the relator sought habeas corpus, claiming that the state had lost jurisdiction over him and therefore he could not be required to serve the remainder of his sentence. We affirmed …
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| 40855, 40198 |
Minn. |
1970-10-30 |
Granted
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State Ex Rel. Thornton v. Tahash
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… Court of Washington County dismissing his postconviction petition for a writ of habeas corpus. *368 It appears from the record that on the evening of May 8, 1965, defendant spent the evening drinking at a cafe in Minneapolis where his wife …
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| 41773 |
Minn. |
1970-04-17 |
Granted
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Welfare of Loyd v. Youth Conservation Commission
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… tate Industrial School until he should attain his majority. His parents brought habeas corpus proceedings, resulting in the appeal. The Supreme Court held that the due process clause of the Fourteenth Amendment of the United States Constitu …
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| 42328 |
Minn. |
1970-03-13 |
Granted
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Barker v. Barker
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… stice. This is an appeal from an order of the district court quashing a writ of habeas corpus obtained by Norma S. Barker to secure custody of her children under a South Carolina decree, which order also granted James C. Barker a hearing on …
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| No. 41807 |
Minn. |
1970-02-13 |
Granted
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Scuto v. Gutz
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… dren brought to Las Vegas, Nevada. This prompted the father to secure a writ of habeas corpus in Nevada restoring his right to the custody ordered by the Ramsey County District Court. Meanwhile, on *525 March 2, 1968, the.mother remarried. …
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| 41274, 41363 |
Minn. |
1969-08-01 |
Granted
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STATE BY ST. LOUIS COUNTY WELFARE DEPT. v. Niemi
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… lly adopted.” The board accordingly petitioned the district court for a writ of habeas corpus, which was granted. At that time, however, the Niemis and the welfare board entered into a “stipulation of withdrawal,” by the terms of which the …
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| 41126, 41515 |
Minn. |
1969-01-10 |
Granted
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Lindberg v. Lindberg
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… physical custody of the children, obtained and served upon plaintiff a writ of habeas corpus. Prior to a hearing on the writ, plaintiff served and filed a timely affidavit of prejudice upon the trial judge, who erroneously refused to honor …
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| No. 41077 |
Minn. |
1968-11-08 |
Granted
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Behrends v. Columbia County
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… N. W. (2d) 572 , the father was in California and the mother in Minnesota. In a habeas corpus proceeding to determine custody, we held that the mother had a right to question the jurisdiction of the California court. State ex rel. Glasier v …
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| 41077 |
Minn. |
1968-11-08 |
Granted
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In Re Longseth
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… 150 N.W.2d 572 , the father was in California and the mother in Minnesota. In a habeas corpus proceeding to determine custody, we held that the mother had a right to question the jurisdiction of the California court. State ex rel. Glasier v …
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| 41128 |
Minn. |
1968-09-06 |
Granted
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State v. Gaulke
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… cNish, his court-appointed attorney petitioned the district court for a writ of habeas corpus. The petition was based upon defendant’s *329 claim that the second prosecution was barred by Minn. St. 609.035. The relief sought was denied. On …
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| 41018 |
Minn. |
1968-07-26 |
Granted
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Tureson v. Tureson
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… o Hildred Tureson custody of her minor children after she had secured a writ of habeas corpus for the purpose of obtaining such custody from appellants, Allen Tureson, Eddie Tureson, and Elaine Tureson. Captain Allen Tureson and Hildred Tur …
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| No. 40,555 |
Minn. |
1968-04-19 |
Granted
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State ex rel. Prettyman v. Tahash
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… Per Curiam. This is an appeal from an order discharging a writ of habeas corpus issued upon defendant’s application in postconviction proceedings. Defendant, on December 10, 1963, entered a plea of guilty to an information charging him with …
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| 40712 |
Minn. |
1968-03-01 |
Granted
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State Ex Rel. Turner v. Tahash
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… from an order of the District Court of Washington County discharging a writ of habeas corpus. An information was filed on April 6, 1965, in St. Louis County District Court charging defendant with indecent assault in violation of Minn. St. …
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| 40631 |
Minn. |
1967-12-01 |
Granted
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State Ex Rel. Halverson v. Young
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… an appeal from an order of the district court denying a petition for a writ of habeas corpus by defendant, who is now serving a sentence for the crime of burglary. When sentence was originally imposed, the court granted probation on condit …
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| 40508 |
Minn. |
1967-09-15 |
Granted
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State Ex Rel. Terry v. Tahash
|
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… dings. Relator petitioned the District Court of Washington County for a writ of habeas corpus on April 14, 1966, on two grounds: (1) The trial court improperly accepted his plea of guilty due to his inability to relate to that court materia …
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| 40224 |
Minn. |
1967-08-25 |
Granted
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State Ex Rel. Hershenhorn v. Tahash
|
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… r of the District Court of Washington County *451 granting petitioner a writ of habeas corpus. In granting the writ, that court stated: “The procedure followed by the trial court in determining the voluntariness of the confession offered in …
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| 40707 |
Minn. |
1967-07-28 |
Granted
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State Ex Rel. Webber v. Tahash
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… District Court of Washington County granting defendant’s petition for a writ of habeas corpus for the purpose of giving defendant a new arraignment and trial. Defendant was charged by information on October 9, 1964, with having committed th …
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