| 39439 |
Minn. |
1965-04-02 |
Denied
|
State v. Lehn
|
|
… ttorney learned that the defendant was only 20 years old, he obtained a writ of habeas corpus ad prosequendum to have him returned to the district court to be re-sentenced. Upon his return, the court, after verifying his true age as 20, sen …
|
| 39566, 39614 |
Minn. |
1965-03-19 |
Vacated
|
In Re Brennan
|
|
… e father, if he insists upon asserting his right to custody, to act promptly by habeas corpus or other appropriate proceedings to determine that right on the basis of what is for the best interests of the child. Minn.St. 589.01; State ex re …
|
| Nos. 39,566, 39,614 |
Minn. |
1965-03-19 |
Vacated
|
Sadden v. Lutheran Welfare Service
|
|
… father, if. he insists upon asserting his right to custody, to act promptly by habeas corpus or other appropriate proceedings to determine that right on the basis of what is for the best interests of the child. Minn. St. 589.01; State ex r …
|
| 39417 |
Minn. |
1965-03-12 |
Remanded
|
State v. Anderson
|
|
… as “evidence against such convict” in any proceeding for his “release taken by habeas corpus.” The failure to receive such testimony here after defendant’s plea of guilty would have no bearing upon his conviction, and it is doubtful whethe …
|
| 39183 |
Minn. |
1965-02-26 |
Remanded
|
State v. Olson
|
|
… t the whole thing was done for the purpose of laying a foundation for a writ of habeas corpus. We cannot agree with defendant’s claims that the criminal information was defective. However, it is our opinion under the record here that the co …
|
| 39225 |
Minn. |
1965-02-19 |
Denied
|
State v. Richter
|
|
… ng Constitutional Decision: Mapp v. Ohio, 110 U. of Pa.L.Rev. 650, 676; Meador, Habeas Corpus and the "Retroactivity" Illusion, 50 Va.L.Rev. 1115; Note, 16 Rutgers L.Rev. 587; Traynor, Mapp v. Ohio at Large in the Fifty States, 11 Duke L.J. …
|
| No. 39,225 |
Minn. |
1965-02-19 |
Denied
|
State v. Richter
|
|
… Constitutional Decision: Mapp v. Ohio , 110 U. of Pa. L. Rev. 650, 676; Meador, Habeas Corpus and the “Retro-activity’’ Illusion, 50 Va. L. Rev. 1115 ; Note, 16 Rutgers L. Rev. 587 ; Traynor, Mapp v. Ohio at Large in the Fifty States, 11 Du …
|
| 39652 |
Minn. |
1965-01-22 |
Denied
|
State v. Clark
|
|
… Justice. This is an original proceeding upon defendant’s petition for a writ of habeas corpus. He is at liberty on bond fixed by a committing magis *182 trate for his appearance in the district court. He contends that the appearance bond ha …
|
| 39516, 39517, 39555 |
Minn. |
1964-12-24 |
Dismissed
|
State v. Collins
|
|
… ery. In addition, he twice petitioned the District Court of Hennepin County for habeas corpus, once on the theory that but for the seized evidence the state has no basis for involving him in the supermarket robbery and again on the theory t …
|
| 39,213, 39,328, 39,371 |
Minn. |
1964-12-18 |
Denied
|
In Re Welfare of Zink
|
|
… from the judgment entered on the order and from an order discharging a writ of habeas corpus. Assuming the last two appeals are properly before us, we treat them as cumulative since the issues raised are embraced within those which we revi …
|
| 39224 |
Minn. |
1964-11-13 |
Reversed
|
State Ex Rel. Lee v. Tahash
|
|
… 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 …
|
| 39285 |
Minn. |
1964-09-25 |
Denied
|
State Ex Rel. Branchaud v. Hedman
|
|
… er is before us in postconviction proceedings initiated by petition for writ of habeas corpus. Defendant was convicted of the offense of third-degree burglary. The verdict of guilty was returned by the jury on June 14, 1961. On December 7, …
|
| 39,218 |
Minn. |
1964-09-18 |
Stayed
|
State v. Mertz
|
|
… 68 , 10 L. ed. (2d) 148, that the issue raised here could be presented to us by habeas corpus. We accordingly treat the appeal as a proceeding seeking postconviction relief and consider the errors assigned. It is the contention of defendant …
|
| 39,235 |
Minn. |
1964-07-24 |
Reversed
|
State Ex Rel. Cole v. Tahash
|
|
… 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 …
|
| 39,260 |
Minn. |
1964-07-03 |
Affirmed
|
State v. Clark
|
|
… he Masters case no appeal was taken and the identical issue was first raised in habeas corpus proceedings. We held there that even though the information was defective it was not a defect of such a nature as to prevent the court from acquir …
|
| 39,207 |
Minn. |
1964-06-05 |
Reversed
|
State v. Owens
|
|
… 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 …
|
| 39,421 |
Minn. |
1964-05-22 |
Dismissed
|
State Ex Rel. Lezer v. Tahash
|
|
… urt from an order of the Washington County District Court discharging a writ of habeas corpus issued to review the legality of his detention in the State Prison under a sentence following his conviction of third-degree forgery. On May 13, 1 …
|
| 39,102 |
Minn. |
1964-05-15 |
Denied
|
State Ex Rel. Anderson v. United States Veterans Hospital
|
|
… ntendent of the Veterans Hospital, St. Cloud, Minnesota. A petition for writ of habeas corpus was filed on behalf of Dr. John T. Anderson with the District Court of Stearns County on January 24, 1963. 1 The petition was verified and supplem …
|
| 39,022 |
Minn. |
1964-03-13 |
Stayed
|
State v. Jones
|
|
… o take such steps required granting a post-conviction application for a writ of habeas corpus. The Dehning case was followed in State ex rel. Grattan v. Tahash, 262 Minn. 18, 22 , 113 N. W. (2d) 342, 344 , where, under a somewhat analogous …
|
| 39,063 |
Minn. |
1964-02-14 |
Denied
|
State Ex Rel. Walton v. Tahash
|
|
… Per Curiam. Relator has petitioned the district court for a writ of habeas corpus, seeking release from confinement in the State Prison. His initial petition was denied by an order dated January 18, 1963, prompting a motion for rehearing wh …
|
| 39,072 |
Minn. |
1964-01-24 |
Denied
|
State Ex Rel. Lacklineo v. Tahash
|
|
… e. The district court denied petitioner’s pro se application for a writ *238 of habeas corpus without a hearing and he appeals. He perfected his appeal and filed a brief, and thereafter, upon his application averring indigence, counsel was …
|
| 39,145 |
Minn. |
1963-12-20 |
Dismissed
|
State v. Collins
|
|
… the evidence to support the bind over and may do so in district court either by habeas corpus proceedings 1 or by motion. If so advised, defendant should *551 assert any claim of irregularity in the municipal court proceeding at the time of …
|
| No. 39,293 |
Minn. |
1963-11-08 |
Denied
|
State ex rel. Crippen v. Tahash
|
|
… made application to this court “to appoint counsel to represent petitioner in a Habeas Corpus proceeding to be had in Washington County, State of Minnesota, wherein it will be alleged that petitioner’s constitutional rights under the United …
|
| No. 39,289 |
Minn. |
1963-11-01 |
Denied
|
State ex rel. O'neill v. Tahash
|
|
… Per Curiam. An application for writ of habeas corpus is submitted on the theory that O’Neill, presently confined in the State Prison at Stillwater, Minnesota, was deprived of rights protected by the Federal Constitution when sentenced upon …
|
| 39,129 |
Minn. |
1963-08-23 |
Reversed
|
State Ex Rel. Masters v. Tahash
|
|
… 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 …
|
| 38,909 |
Minn. |
1963-08-02 |
Denied
|
State Ex Rel. Ahlstrand v. Tahash
|
|
… der of the District Court of Washington County denying a petition for a writ of habeas corpus. Relator was charged in St. Louis County with the crime of robbery in the first degree. 1 He was brought before the district court on June 20, 196 …
|
| 38,872 |
Minn. |
1963-07-26 |
Affirmed
|
State Ex Rel. Beltowski v. Tahash
|
|
… gton County dismissing without a hearing the defendant’s petition for a writ of habeas corpus. The district court apparently was of the view that the petition was without merit in that it raised no issue which had not already been considere …
|
| 38,803 |
Minn. |
1963-07-03 |
Denied
|
State v. Hall
|
|
… al Law, § 472, note 76.5. 2 A motion for leave to file a petition for a writ of habeas corpus was denied by the United States Supreme Court in McCary v. Hand, 368 U. S. 807 , 82 S. Ct. 118 , 7 L. ed. (2d) 68, rehearing denied, 368 U. S. 922 …
|
| 38,942 |
Minn. |
1963-06-21 |
Denied
|
State v. Roy
|
|
… or coram nobis is proper because he— “* * * is precluded from using the writ of habeas corpus in that the judgment and sentence which he attacks is now satisfied. He is presently serving a three year sentence imposed subsequent to the case …
|
| 38,874 |
Minn. |
1963-05-29 |
Denied
|
State Ex Rel. Becker v. Tahash
|
|
… ustice. Appeal from the district court’s order denying a petition for a writ of habeas corpus without an evidentiary hearing on the ground that it is sham and frivolous. The question presented is whether the petition reveals sufficient caus …
|
| 38,960 |
Minn. |
1963-05-17 |
Affirmed
|
State Ex Rel. O'Neill v. Tahash
|
|
… County District Court, denying the petition of Vernon C. O’Neill for a writ of habeas corpus. O’Neill is confined in the State Prison at Stillwater under a sentence imposed by the District Court of Hennepin County 1 following his plea of g …
|
| 38,500, 38,900 |
Minn. |
1963-05-10 |
Denied
|
State Ex Rel. Nelson v. Tahash
|
|
… Justice. This is a consolidated appeal from two orders dismissing petitions for habeas corpus. Petitioner was charged with two separate crimes, desertion and forgery. On October 6, 1955, he entered pleas of guilty to both charges. He was th …
|
| 38,571 |
Minn. |
1963-05-03 |
Denied
|
State Ex Rel. Dillard v. Tahash
|
|
… ce. This is an appeal from an order of the district court discharging a writ of habeas corpus. From the record it appears that on July 29, 1943, the relator was arraigned on an indictment charging him with murder in the first degree. He ent …
|
| No. 38,628 |
Minn. |
1963-03-08 |
Stayed
|
State v. Olson
|
|
… ault County, dated October 11, 1961, denying appellant’s petition for a writ of habeas corpus ad prosequendum (designed to bring him before the court from the State Prison) and denying his petition for a writ of error coram nobis. On Decemb …
|
| 38,707 |
Minn. |
1963-03-01 |
Denied
|
State Ex Rel. Shannon v. Tahash
|
|
… al from an order of the district court denying relator’s petition for a writ of habeas corpus entered without a hearing upon grounds set forth in a memorandum accompanying but not made a part of the order. In the memorandum the district cou …
|
| 38,754, 38,755 |
Minn. |
1963-02-15 |
Denied
|
State v. Dietz
|
|
… ily on Cannon v. Gladden, 203 Ore. 629 , 281 P. (2d) 233 . That case involved a habeas corpus proceeding. The Oregon bill of rights (art. 1, § 16) provided: “Cruel and unusual punishments shall not be inflicted, but all penalties shall be p …
|
| 38,794 |
Minn. |
1962-12-14 |
Stayed
|
State Ex Rel. Lange v. Tahash
|
|
… he District Court of Washington County denying relator’s petition for a writ of habeas corpus. In his petition relator alleges that he is imprisoned in the State Prison at Stillwater under an invalid sentence for his escape from the custody …
|
| 38,581 |
Minn. |
1962-12-07 |
Denied
|
State v. Pruitt
|
|
… W. (2d) 517 . 2 We gather from the record that the defendant did not proceed by habeas corpus because at the time these proceedings were started he had not served the maximum sentence which could be imposed for the crime for which he was co …
|
| 38,925 |
Minn. |
1962-11-30 |
Denied
|
In Re Welfare of Shady
|
|
… court of appeals decision dated March 17, 1961. In that case parents sought by habeas corpus to obtain release of children taken into custody of the welfare board during a delinquency proceeding. The court denied the petition for habeas co …
|
| 38,642 |
Minn. |
1962-11-16 |
Denied
|
State v. Tellock
|
|
… s designed to correct some of the abuses stemming from the issuance of writs of habeas corpus. 13 In effect it permits the sentencing court to review an attack on its own criminal judgment instead of burdening the court having jurisdiction …
|
| 38,762 |
Minn. |
1962-08-17 |
Denied
|
State Ex Rel. Bassett v. Tahash
|
|
… ustice. This is an appeal from an order of the district court denying a writ of habeas corpus. On April 21, 1954, the defendant entered a plea of guilty to a charge of robbery in the first degree, which offense is punishable under Minn. St. …
|
| No. 38,578 |
Minn. |
1962-08-10 |
Dismissed
|
State v. Roggenbuck
|
|
… 1, from an order of the Washington County District Court denying a petition for habeas corpus. This proceeding was dismissed at his request. On December 5, 1960, he had moved the trial court to “Reopen To Vacate Judgment And Sentence.” This …
|
| 38,576 |
Minn. |
1962-07-27 |
Denied
|
State Ex Rel. Crossley v. Tahash
|
|
… e Dis *300 trict Court of Washington County denying his petition for a writ .of habeas corpus. In his petition for the writ, petitioner alleges that he is unlawfully imprisoned under a judgment of conviction and warrant of commitment which …
|
| 38,719 |
Minn. |
1962-07-20 |
Affirmed
|
State Ex Rel. Hastings v. Bailey
|
|
… ice. This is an appeal from an order - of the district court quashing a writ of habeas corpus. By criminal complaint filed in the municipal court division of the probate court for Waseca County the defendant was charged with felonious inten …
|
| 38,727 |
Minn. |
1962-07-13 |
Denied
|
State v. Kalkbrenner
|
|
… y the Adult Corrections Commission. In February 1962 defendant sought a writ of habeas corpus from the municipal court of the city of Faribault for the purpose of permitting his appearance in that court to dispose of the forgery charge alle …
|
| 38,321 |
Minn. |
1962-07-13 |
Dismissed
|
State Ex Rel. Hines v. Tahash
|
|
… ansing Hines appealed from an order of the district court discharging a writ of habeas corpus. On June 27, 1957, he was sentenced by the District Court of Crow Wing County to an indeterminate term of not exceeding 10 years under our habitua …
|
| No. 38,633 |
Minn. |
1962-07-06 |
Denied
|
State ex rel. Hoffman v. Tahash
|
|
… 3 ton County denying the petition of John Hoffman for the issuance of a writ of habeas corpus. Petitioner is presently confined in the Minnesota State Prison under the custody of Ralph Tahash, acting warden thereof. His imprisonment is purs …
|
| 38,630 |
Minn. |
1962-06-29 |
Denied
|
State Ex Rel. Craig v. Tahash
|
|
… he District Court of Washington County denying relator’s petition for a writ of habeas corpus based on his claim that he is unlawfully confined in State Prison under an invalid judgment of conviction. He asserts that at the time of his conv …
|
| No. 38,641 |
Minn. |
1962-06-29 |
Denied
|
State ex rel. Farrington v. Tahash
|
|
… ce. Appeal from an order of the district court denying a petition for a writ of habeas corpus. Defendant was convicted of murder in the first degree on December 12, 1939, and was sentenced to life imprisonment. A previous petition for a wri …
|
| 38,650 |
Minn. |
1962-06-29 |
Denied
|
State v. Becker
|
|
… ation, trickery, duress, or coercion. Such a claim can be asserted by a writ of habeas corpus 1 in the court for the district where defendant is imprisoned, rather than by the present writ in the court where he was tried. We are aware of th …
|