| A24-0128 |
Minn. |
2025-10-08 |
Reversed
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In the Matter of the Civil Commitment of: Anthony Blake Swope
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… ment proceedings. After appointed counsel petitioned for writs of mandamus and habeas corpus to enforce Swope’s right to be admitted to a state-operated treatment program, the county of commitment, respondent Scott County, refused to pay …
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| A221826 |
Minn. |
2024-06-12 |
Reversed and remanded
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Tokvan Ly v. Jodi Harpstead, Minnesota Commissioner of Human Services
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… ere mental illness. Accordingly, he filed a petition for writs of mandamus and habeas corpus in Scott County District Court alleging, among other things, that the Commissioner was failing to comply with a mandatory duty to admit him to tr …
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| A211101 |
Minn. |
2024-05-08 |
Reversed
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State of Minnesota v. Anthony James Trifiletti
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… uld have sought to secure the presence of the witness at trial under a writ of habeas corpus ad testificandum issued by a state or federal court and stated that the state prosecutors “made no effort to avail themselves of either . . . mea …
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| a231199 |
Minn. Ct. App. |
2024-02-26 |
Reversed
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In the Matter of the Welfare of the Child of: K. O. and D. W., Commissioner of Human Serv…
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… 8-59, 663. While Young was in prison, a district court denied his petition for habeas corpus. Id. at 661. After Young filed his appeal from the denial of his habeas petition, the DOC conditionally released him and then argued the appeal …
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| A16-788 |
Minn. Ct. App. |
2017-01-09 |
Reversed and remanded
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State of Minnesota v. Joel Patrick Rodriguez
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… generally Minn. Stat. §§ 589.01–.35 (2014) (providing for issuance of writ of habeas corpus upon application and order to sheriff requiring transportation of prisoner for appearance before district court). The state, however, argues that …
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| A13-2362 |
Minn. Ct. App. |
2015-09-14 |
Reversed
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State of Minnesota v. Richard Allen Ihnot
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… the sentence imposed may be obtained by a petition for a writ of habeas corpus in which the [DOC] is a named party. Id. at 303 (footnote omitted). Here, through a motion to correct his sentence under rule 27.03, subd …
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| A14-1077 |
Minn. Ct. App. |
2014-09-15 |
Reversed and remanded
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Ricky James Bedell v. Tom Roy, Commissioner of Corrections
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… llant challenges the district court’s order denying his petition for a writ of habeas corpus. Because we conclude that appellant had a Fifth Amendment right to refuse chemical-dependency-treatment based on the information he was provided …
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| A05-2498, A06-439 |
Minn. |
2007-06-28 |
Reversed
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Johnson v. Fabian
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… d (Minn. Aug. 17, 2004). On June 24, 2005, Johnson filed a petition for writ of habeas corpus in state district court challenging the 45-day extension of his incarceration. The district court concluded that the extension of Johnson’s incarc …
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| A04-700 |
Minn. |
2006-09-07 |
Reversed
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State v. Gouleed
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… ore a mistrial is appropriate.” State v. Long, 562 N.W.2d 292, 296 (Minn.1997), habeas corpus granted by Long v. Humphrey, 184 F.3d 758 (8th Cir.1999). The Supreme Court has noted the fact-intensive quality of the manifest necessity standar …
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| C7-98-323 |
Minn. |
1999-04-15 |
Reversed
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State Ex Rel. Morrow v. LaFleur
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… als which reversed the district court’s denial of Morrow’s petition for writ of habeas corpus and concluded that the Commissioner violated Morrow’s due process rights and his Fifth Amendment privilege against self-incrimination. See State e …
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| C6-97-724 |
Minn. |
1998-12-10 |
Reversed
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State v. Phillips
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… person the right to challenge the validity of extradition by bringing a writ of habeas corpus. Minn.Stat. § 629.10 (1996). Alternatively, if a demanded person chooses to waive the formal extradition procedures, he gives up the right to issu …
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| C8-97-367 |
Minn. Ct. App. |
1997-10-28 |
Reversed
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In Re the Welfare of S.A.M.
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… reliable than audiotapes. Shaw v. State, 730 S.W.2d 826, 828 (Tex.Ct.App.1987), habeas corpus petition granted on other grounds sub nom. Shaw v. Collins, 1992 WL 547969 (S.D.Tex. April 16, 1992), aff'd, 5 F.3d 128 (5th Cir.1993). Fourth, th …
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| C3-94-360 |
Minn. Ct. App. |
1994-12-27 |
Reversed
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State v. Miller
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… Miller’s attorney could have initiated the procedure sooner by filing a writ of habeas corpus ad testifi-candum, the statute does not place the burden on the defendant to ensure that the government affords him a speedy trial. 3. Defendant’s …
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| C3-86-2130 |
Minn. |
1988-01-22 |
Reversed
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State v. Goff
|
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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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| C5-86-1352 |
Minn. Ct. App. |
1987-01-01 |
Reversed
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Sanders v. State
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… ppellant Lonnie Sanders appeals from orders denying his petitions for a writ of habeas corpus and post-conviction relief. We affirm. FACTS Sanders was convicted of murder in the second degree for stabbing his brother and was sentenced to pr …
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| C9-83-1680 |
Minn. |
1985-07-12 |
Reversed
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State v. McGath
|
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… idents did not become known until after the trial had ended. Vacating a writ of habeas corpus issued on the basis that an unrecorded ex parte communication between trial judge and juror can never be harmless error, the Supreme Court said, W …
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| C9-83-383 |
Minn. |
1984-08-31 |
Reversed
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State v. Rean
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… n.1979); Brouillette v. Wood, 636 F.2d 215 (8th Cir.1980) (petition for federal habeas corpus denied). (b) In addition to arguing that there was trial error, defendant argues that there was evidence, discovered after the trial, entitling hi …
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| C4-82-1110 |
Minn. |
1984-01-13 |
Reversed
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State v. Edwards
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… n.1979); Brouillette v. Wood, 636 F.2d 215 (8th Cir.1980) (Petition for Federal habeas corpus denied). The instruction on the testimony of an unimpeached witness stated: While it is your duty to accept as true the uncontradicted testimony o …
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| 81-769 |
Minn. |
1982-08-13 |
Reversed
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State v. Zupetz
|
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… e opposite approach. In Charlton v. Wainwright, 588 F.2d 162 (5th Cir. 1979), a habeas corpus case in which Florida law was applied, the court pointed out that “Florida courts have given a special definition to ‘culpable negligence.’ ” Inst …
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| No. 81-29 |
Minn. |
1981-11-06 |
Reversed and remanded
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Morse v. State
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… h he pled guilty in district court approximately 20 years ago. His petition for habeas corpus alleges basically that applicable procedures were not followed by prison authorities in denying him parole. Since habeas corpus is available as a …
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| 49278 |
Minn. |
1980-04-04 |
Reversed
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In Re Complaint Concerning Judge McDonough
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… o be transferred to St. Joseph’s Hospital. The matter was appealed on a writ of habeas corpus by Mr. Rheinberger, and was heard by the Honorable John F. Thoreen, Judge of District Court, Tenth Judicial District, in which Judge Thoreen state …
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| 44409 |
Minn. |
1974-04-19 |
Reversed
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Ray v. Ray
|
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… Pee Curiam. This is an appeal from a district court order granting a writ of habeas corpus. John Wayne Ray, a nonresident father sought custody of his child, Jodi Lynn Ray, through application for a writ of habeas corpus supported by a cust …
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| 42531 |
Minn. |
1970-06-30 |
Reversed and remanded
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State v. Nomiya
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… from an order of the district court denying appellant’s petition for a writ of habeas corpus. In September 1968, appellant was prosecuted for the crime of second-degree murder and acquitted on the ground that she was insane at the time of …
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| No. 41154 |
Minn. |
1968-11-01 |
Reversed
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State v. Gerberding
|
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… no, 378 U. S. 368 , 84 S. Ct. 1774 , 12 L. ed (2d) 908, defendant, by a writ of habeas corpus, sought to set aside his conviction on the ground that the procedure for determining the voluntariness of his confession followed at trial did not …
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| No. 40,248 |
Minn. |
1967-08-04 |
Reversed
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State ex rel. Riggers v. Tahash
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… District Court of Washington County denying appellant’s petition for a writ of habeas corpus without a hearing. Applying the rules established in State ex rel. Roy v. Tahash, 277 Minn. 238 , 152 N. W. (2d) 301 , the petition appears to suf …
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| 39552 |
Minn. |
1965-05-28 |
Reversed
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State Ex Rel. White v. Tahash
|
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… urt of Washington County denying the petition of Raymond J. White for a writ of habeas corpus. The confinement which White contests resulted from a conviction entered on August 31, 1955. 1 White entered a plea of guilty to an information ch …
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| 39224 |
Minn. |
1964-11-13 |
Reversed
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State Ex Rel. Lee v. Tahash
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… ourt of Washington County denying the petition of John Alfred Lee for a writ of habeas corpus. Petitioner is confined in the State Prison under a sentence imposed by the District Court of Beltrami County. He was convicted on September 11, 1 …
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| 39,235 |
Minn. |
1964-07-24 |
Reversed
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State Ex Rel. Cole v. Tahash
|
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… n order of the District Court of Washington County denying petition for writ of habeas corpus. The basic issue is whether cruel and unusual treatment of a state prisoner is a ground for the issuance of a writ of habeas corpus. *2 In the pet …
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| 39,207 |
Minn. |
1964-06-05 |
Reversed
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State v. Owens
|
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… Tahash, supra, no appeal was taken and the identical issue was first raised in habeas corpus proceedings. We there held that although the information was defective it was not a defect of such a nature as to prevent the court from acquiring …
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| 39,129 |
Minn. |
1963-08-23 |
Reversed
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State Ex Rel. Masters v. Tahash
|
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… ttacks the validity of the judgment of conviction upon a petition for a writ of habeas corpus issued by this court. The record discloses that the judgment resulted from a plea of guilty. The charge against relator was made by an information …
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| 38,329 |
Minn. |
1962-02-02 |
Reversed
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State Ex Rel. Grattan v. Tahash
|
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… Magney, Commissioner. Petitioner, Joseph J. Grattan, sought a writ of habeas corpus from the District Court of Washington County. After examination of the petition, the court concluded that it did not state facts sufficient to justify the i …
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| 37,172 |
Minn. |
1957-11-29 |
Reversed
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State Ex Rel. Dehning v. Rigg
|
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… *121 Frank T. Gallagher, Justice. Appeal from an order discharging a writ of habeas corpus. It appears from the record that Edward Dehning was arrested in Arizona prior to August 24, 1955, on a charge of willfully, unlawfully, wrongfully, a …
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| 36,690 |
Minn. |
1956-03-16 |
Reversed
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State Ex Rel. Nelson v. Whaley
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… Murphy, Justice. This is a habeas corpus proceeding for the custody of an infant. The relator is Claryce Elaine Nelson, an unmarried mother, and the respondents are Byron C. Whaley and his wife, Simone, residents of Duluth, Minnesota, who n …
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| No. 35,839 |
Minn. |
1952-06-13 |
Reversed
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State ex rel. Schroeder v. Boehland
|
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… from an order of the district court for Blue Earth county quashing its writ of habeas corpus, issued to obtain custody of relator’s four-and-one-half-year-old daughter, Christine Louise Schroeder, detained by her maternal grandfather, Arth …
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| No. 34,683. |
Minn. |
1948-05-28 |
Reversed
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State Ex Rel. Bush v. Whittier
|
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… homas Gallagher, Justice. This is an appeal from an order discharging a writ of habeas corpus and remanding relator to the custody of respondent as superintendent of the Minnesota State Eeformatory at St. Cloud. On March 23,1939, an informa …
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| No. 31,689. |
Minn. |
1938-06-10 |
Reversed
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State v. Rudolph
|
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… 253 N. W. 749 , where after judgment of filiation the defendant was released on habeas corpus by the district court on the ground that the court rendering the judgment was without jurisdiction because the mother filed the complaint in a cou …
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| No. 31,192. |
Minn. |
1937-09-24 |
Reversed
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Reid v. Independent Union of All Workers
|
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… a direct attack upon the order in question, one releasing a prisoner on writ of habeas corpus , which was nullified by the mandamus compelling its vacation. Concurring in the result, Mr. Chief Justice Orr objected to such use of the writ of …
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| No. 31,398. |
Minn. |
1937-07-30 |
Reversed
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State Ex Rel. Johnson v. Wiecking
|
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… sole question presented by this appeal from an order dis *491 missing a writ of habeas corpus is whether the marriage of the detained female child under the age of 13 years removed her from the jurisdiction of the juvenile court in the coun …
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| No. 29,372 |
Minn. |
1933-05-12 |
Reversed
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Dwinnell v. Fallon
|
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… bition. The factor of pecuniary advantage to the child may be of some weight in habeas corpus, where the only issue is the right to custody of a child; but in adoption, where the effort is to set aside the natural parents, such consideratio …
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| No. 29,372. |
Minn. |
1933-05-12 |
Reversed
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In Re Adoption of Anderson
|
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… bition. The factor of pecuniary advantage to the child may be of some weight in habeas corpus, where the only issue is the right to custody of a child; but in adoption, where the effort is to set aside the natural parents, such consideratio …
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| No. 28,590. |
Minn. |
1931-05-08 |
Reversed
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State Ex Rel. Broberg v. State Board of Control
|
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… tody of the state board of control. Not being released, she sued out a Avrit of habeas corpus in the district court on March 20, 1931. Hearing was had thereon, and that court, on March 31, 1931, by its order commanded the state board of con …
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| No. 23,435 |
Minn. |
1923-04-27 |
Reversed
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State ex rel. Waldron v. Bienek
|
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… eal from an order of the district court of Kittson county discharging a writ of habeas corpus, and by consent was sub *314 mitted upon the record made in that court. The writ was 'procured by Anua E. Waldron for the purpose of obtaining the …
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| No. 21,992 |
Minn. |
1920-06-11 |
Reversed.
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State ex rel. Watson v. Reed
|
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… to have served this sentence, and he procured from the district court a writ of habeas corpus to secure his release. The district court ordered the writ discharged. Eelator appeals. The statute under which relator was sentenced, permits the …
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| No. 21,834 |
Minn. |
1920-04-16 |
Reversed
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State ex rel. Geller v. Rice
|
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… Holt, J. On habeas corpus relator was discharged from the custody of appellant, the sheriff, who held him under a commitment issued by -a justice of the peace. The sheriff appeals. In response to the writ the sheriff made a return, setting …
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| No. 21,069 |
Minn. |
1919-06-27 |
Reversed.
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State ex rel. Neib v. Krueger
|
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… Quinn, J. Appeal from an order of the district court in habeas corpus proceedings, awarding the custody of Leonard Neib, a minor of the age of 14 years, to the relator, George Neib. The relator and his former wife, daughter of the responden …
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| No. 20,919 |
Minn. |
1918-04-19 |
Reversed.
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Liimatainen ex rel. Liimatainen v. Boekenoogen
|
|
… ator was arrested by defendant, sheriff of Aitkin county. He procured a writ of habeas corpus and after hearing was discharged. Defendant sheriff appeals. The complaining witness was formerly relator’s wife. The child is the child of both. …
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| Nos. 19,191—(38) |
Minn. |
1916-02-04 |
Reversed and custody of the child awarded to the mother until further order of the court.
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State ex rel. Galson v. Galson
|
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… ies was awarded by the district court to the relator after hearing on a writ of habeas corpus. Respondent, Edna Galson, appealed from the order. Additional testimony was taken before a referee and reported by him to this court, where the ca …
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| Nos. 19,659—(270) |
Minn. |
1916-02-04 |
Reversed.
|
State ex rel. Bankroft v. White
|
|
… e was committed to the custody of the sheriff, and forthwith procured a writ of habeas corpus upon the alleged ground that she was illegally deprived of her liberty. At the hearing upon this writ, it was stipulated, among other things, that …
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| Nos. 19,442—(258) |
Minn. |
1915-07-16 |
Reversed.
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State ex rel. Kohlman v. Wagener
|
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… ommitted him to the custody of defendant sheriff. Petitioner procured a writ of habeas corpus to test the legality of the commitment. The trial court discharged him and the state appealed. The case turns on the validity of chapter 147, p. 2 …
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| Nos. 19,412—(257) |
Minn. |
1915-07-09 |
Reversed.
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State ex rel. Lalonde v. White
|
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… d and committed to the custody of the sheriff. Thereafter he sued out a writ of habeas corpus and was brought before the district court. That court remanded him to the custody of the sheriff, and he appealed to this court. It is conceded th …
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