| A13-1040 |
Minn. |
2015-04-08 |
Denied
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Jason Donald Matakis v. State of Minnesota
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… 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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| A14-905 |
Minn. Ct. App. |
2015-03-23 |
Affirmed in part, reversed in part, and remanded
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Jason James Lindgren v. State of Minnesota
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… iew of those decisions may be obtained only by filing a petition for a writ of habeas corpus. Id. at 302.1 The court concluded that, when an offender seeks judicial review of a DOC administrative decision by filing a rule 27.03 motion to …
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| A14-1379 |
Minn. Ct. App. |
2015-03-09 |
Affirmed
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Tha Phongvixay v. State of Minnesota
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… mpared Minnesota’s postconviction statute to the “analogous setting of federal habeas corpus petitions.” Id. at 603. The supreme court noted that the time-limit language found in Minnesota’s postconviction statute is similar …
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| A14-2021 |
Minn. Ct. App. |
2015-03-02 |
Affirmed
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Kristopher Lee Roybal v. Tom Roy, Commissioner of Corrections
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… se date and appeals the district court’s denial of his petitions for a writ of habeas corpus. Because the state afforded Roybal the process he is due and because his discipline does not violate his claimed Fifth Amendment rights, we affi …
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| A13-1332 |
Minn. |
2015-02-11 |
Affirmed
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State of Minnesota, Respondent/Cross-Appellant v. Brian Keith Schnagl, a/k/a Brian Keith …
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… 1 be obtained by filing a petition for a writ of habeas corpus pursuant to Minn. Stat. § 589.01 (2014). Affirmed as modified. OPINION DIETZEN, Justice. Ap …
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| A13-1769 |
Minn. |
2015-02-04 |
Denied
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Myon Demarlo Burrell v. State of Minnesota
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… 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 . …
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| A14-745 |
Minn. Ct. App. |
2014-12-29 |
Affirmed
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Terelle Eugene Shaw v. State of Minnesota
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… recalling the classic grounds for the issuance of a writ of habeas corpus — that the proceeding was dominated by mob violence; that the prosecutor knowingly made use of perjured testimony; or …
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| A14-662 |
Minn. Ct. App. |
2014-11-17 |
Affirmed
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.In the Matter of the Civil Commitment of: Hollis John Larson.
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… district court for a writ 2 of habeas corpus. The district court dismissed his petition, and this court affirmed. Larson v. Jesson, No. A10-2214, 2011 WL 2623446 (Minn. App. July 5, 2011). H …
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| A14-144 |
Minn. Ct. App. |
2014-10-14 |
Affirmed
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Steven David Pawliszko v. State of Minnesota
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… rict court, which did not grant him equitable tolling on his late-filed federal habeas corpus petition. See Pawliszko v. Smith, Civil No. 12-985 (ADM/AJB), 2012 WL 4815609, at * 3–4 (D. Minn. Sept. 11, 2012), adopted by 2012 WL 4815597 (D. …
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| A14-314 |
Minn. Ct. App. |
2014-09-15 |
Affirmed
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Shannon Hollie v. Lucinda E. Jesson, Commissioner of Department of Human Services
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… 2 In October 2011, Hollie petitioned for a writ of habeas corpus in federal district court. The federal court construed the petition as challenging Hollie’s 1989 and 1993 convictions and sentences, including a …
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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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| A13-1718 |
Minn. Ct. App. |
2014-09-02 |
Affirmed
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State of Minnesota v. Benjamin Wayne Blaschka
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… while in the commissioner’s custody, appellant was transported under a writ of habeas corpus to the Houston County jail to attend a hearing on a matter pending there. While in jail, appellant struck a Houston County police officer severa …
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| A13-2133 |
Minn. Ct. App. |
2014-08-25 |
Affirmed
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Maurice Level Ward, Sr. v. State of Minnesota
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… ment is a due-process violation because it prevents him from obtaining federal habeas corpus review. Ward made this argument on appeal in his first petition for postconviction relief. Ward, 2013 WL 2372177, at *3 n.2. This court determine …
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| No. A13-1956 |
Minn. Ct. App. |
2014-06-02 |
Denied
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Maiers v. Roy
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… 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. A12-1833 |
Minn. |
2013-10-30 |
Affirmed
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Hooper v. State
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… y codified or replaced preexisting remedies,” including the common-law writs of habeas corpus and coram nobis. Id. at 602 ; see also Minn.Stat. § 590.01, subd. 2 (2012) (stating that the postconviction remedy “takes the place of any other c …
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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
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… 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. A11-1954 |
Minn. |
2013-05-31 |
Affirmed
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Chambers v. State
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… ansas Supreme Court that affirmed the dismissal of Jackson’s state petition for habeas corpus. Miller , - U.S. at -, 132 S.Ct. at 2461, 2463 . In Miller , the Court granted certiorari to review a decision by the Alabama Court of Criminal Ap …
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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
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Beaulieu v. Minnesota Department of Human Services
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… 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. 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. A11-2045 |
Minn. |
2012-08-01 |
Affirmed
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Jackson v. State
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… v. Jackson, 770 N.W.2d 470 (Minn.2009). Jackson filed a petition for a writ of habeas corpus in the United States District Court for the District of Minnesota. That court denied Jackson’s petition and dismissed the action with prejudice. J …
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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. A10-2061 |
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. A10-1607 |
Minn. |
2012-05-02 |
Affirmed
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Eclipse Architectural Group, Inc. v. Lam
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… h ed. 2009) (“ ‘Other process’ refers primarily to various extraordinary writs: habeas corpus, mandamus, quo warranto, certiorari and similar process.”). A mechanic’s lien statement does not fall within the definition of “a summons or other …
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| No. A11-0717 |
Minn. |
2012-01-25 |
Affirmed
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Colbert v. State
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… uly 6, 2006. Id. at 647, 654-57 . Colbert subsequently petitioned for a writ of habeas corpus in federal court asserting the same three grounds for relief. See Colbert v. Minnesota, No. 06-4407, 2007 WL 4224214 (D.Minn. Nov. 28, 2007). The …
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| No. A11-0450 |
Minn. |
2011-12-28 |
Affirmed
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Roby v. State
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… ims. He urges us to adopt the equitable tolling standard applied to the federal habeas corpus statute. See Holland v. Florida, — U.S. -, 130 S.Ct. 2549, 2560-63 , 177 L.Ed.2d 130 (2010). Under Holland , the federal habeas corpus statute’s t …
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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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| No. A10-1607 |
Minn. Ct. App. |
2011-05-31 |
Denied
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Eclipse Architectural Group, Inc. v. Lam
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… 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
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… 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
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In re the Civil Commitment of Lonergan
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… 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 …
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| No. A10-1121 |
Minn. Ct. App. |
2010-12-14 |
Vacated
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Aziz v. Fabian
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… rom an order denying appellant Shah Quran Ehassan Aziz’s petition for a writ of habeas corpus challenging the use by the Minnesota Department of Corrections (DOC) of the “some evidence” standard in disciplinary hearings in 2002 and 2004 tha …
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| A10-581 |
Minn. Ct. App. |
2010-06-29 |
Denied
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State Ex Rel. Peterson v. Fabian
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… 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 …
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| 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 …
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| No. A08-2060 |
Minn. Ct. App. |
2010-01-19 |
Denied
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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 80, 2007, appellant pleaded guilty to violating his federal supervised release based …
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| A08-2060 |
Minn. Ct. App. |
2010-01-19 |
Denied
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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
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State v. ROESCHELEIN
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… 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 …
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| A08-2213, A08-2234 |
Minn. Ct. App. |
2009-06-23 |
Denied
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In Re the Civil Commitment of Travis
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… 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 …
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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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| A08-0927 |
Minn. Ct. App. |
2008-09-16 |
Denied
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State Ex Rel. Marlowe v. Fabian
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… 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, …
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| A07-2205 |
Minn. |
2008-08-07 |
Affirmed
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El-Shabazz v. State
|
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… ction stands.” Id. at 292 . After Juarez was decided, Townsend sought a writ of habeas corpus, which the district court treated as a petition for post-conviction relief, seeking application of a different standard for harmless error than ha …
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| A07-0428 |
Minn. Ct. App. |
2008-07-08 |
Denied
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State v. Ali
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… 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 …
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| A07-1437 |
Minn. |
2008-06-26 |
Denied
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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 …
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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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| A07-629, A07-1687 |
Minn. |
2008-03-27 |
Affirmed
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Wayne v. State
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… (Minn.1993). Wayne also has petitioned in federal district court for a writ of habeas corpus. Wayne v. Benson, 89 F.3d 530, 531 (8th Cir.1996). The federal district court denied the writ, and the Eighth Circuit Court of Appeals affirmed. I …
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| A06-199 |
Minn. |
2008-01-10 |
Denied
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State v. Mohs
|
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… 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 …
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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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| A06-2106 |
Minn. |
2007-08-16 |
Vacated
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Pippitt v. State
|
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… ting a different test). 6 . The postconviction court refused to issue a writ of habeas corpus ad testificandum to *228 compel the commissioner of corrections to bring Licari to court to testify. We emphasize what we have said before about t …
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| A07-148 |
Minn. |
2007-07-19 |
Denied
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Rhodes v. State
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… 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 …
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