| 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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| A06-785 |
Minn. Ct. App. |
2007-03-20 |
Modified
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State v. Cottew
|
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… es, evidence, privileges, and witnesses; the unanimity of verdicts; or writs of habeas corpus. Minn.Stat. § 480.059, subd. 7 (2006). …
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| A06-199 |
Minn. Ct. App. |
2007-01-30 |
Denied
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State v. Mohs
|
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… bench warrants in its opinion, which addressed whether a pre-indictment writ of habeas corpus would overcome allegations of treason. Id. at 134-36. Over sixty-five years later, the Court declared the central principle, explaining that “[t]h …
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| A06-45 |
Minn. |
2006-10-26 |
Affirmed
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Townsend v. State
|
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… d III, 646 N.W.2d at 219 . In response, Townsend filed a petition for a writ of habeas corpus, which was ultimately treated as a second petition for postcon-viction relief. Id. Townsend requested application of the proper harmless error sta …
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| A06-168 |
Minn. |
2006-10-26 |
Denied
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Hankerson v. State
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… tion. Id. at 36 & n. 4, 109 S.Ct. 285 . When the defendant sought a writ of habeas corpus in the federal district court, an investigation confirmed that one conviction had been pardoned. Id. at 37 , 109 S.Ct. 285 . The district court de …
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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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| 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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| A04-1971 |
Minn. |
2006-08-31 |
Denied
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State v. Mayhorn
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… involving drugs.” State v. Robinson, 604 N.W.2d 355, 363 (Minn.2000), denial of habeas corpus affirmed by Robinson v. Crist, 278 F.3d 862 (8th Cir.2002). But it is improper for a prosecutor to highlight the defendant’s racial or socioeconom …
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| A04-1993 |
Minn. |
2006-07-27 |
Affirmed
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Danforth v. State
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… gue dictates the limits of retroactive application of new rules only in federal habeas corpus proceedings and does not limit the retroactive application of new rules in state postconviction proceedings. Danforth is incorrect when he asserts …
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| No. A04-1993 |
Minn. |
2006-07-27 |
Affirmed
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Danforth v. State
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… gue dictates the limits of retroactive application of new rules only in federal habeas corpus proceedings and does not limit the retroactive application of new rules in state postcon-viction proceedings. Danforth is incorrect when he assert …
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| A05-1554 |
Minn. Ct. App. |
2006-06-13 |
Denied
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State Ex Rel. Guth v. Fabian
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… INION WILLIS, Judge. In this appeal from the denial of a petition for a writ of habeas corpus, appellant *25 contests his removal from the challenge incarceration program (CIP) and the “abscond/escape charge” on his prison record. Because t …
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| A06-439 |
Minn. Ct. App. |
2006-06-06 |
Affirmed
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State Ex Rel. Henderson v. Fabian
|
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… peal is from an order denying appellant John Henderson’s petition for a writ of habeas corpus, which challenged the respondent Commissioner of Corrections’ decision extending his incarceration based on his refusal to participate in a mandat …
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| A05-2145 |
Minn. |
2006-05-25 |
Denied
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Jihad v. State
|
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… te, 594 N.W.2d 522, 524-26 (Minn.1999). Jihad next filed a petition for federal habeas corpus relief, but the federal district court dismissed the petition as time barred and the Eighth Circuit affirmed the dismissal. See Jihad v. Hvass, 26 …
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| A05-1160 |
Minn. Ct. App. |
2006-04-25 |
Denied
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Noske v. Friedberg
|
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… . at *7. In 1993, appellant petitioned the federal district court for a writ of habeas corpus. The federal district court ruled that respondent’s assistance was constitutionally deficient because his conduct breached his duty of consultatio …
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| A05-2498 |
Minn. Ct. App. |
2006-04-04 |
Denied
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Johnson v. Fabian
|
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… pt placement into the treatment unit.” Appellant filed a petition for a writ of habeas corpus. The district court denied the petition, finding that the TRIAD program did not require appellant to answer incriminating questions and that the c …
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| A03-1663 |
Minn. |
2005-07-28 |
Affirmed
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Carrillo v. Fabian
|
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… rming the Washington County District Court’s denial of his petition for writ of habeas corpus. Carrillo argues that the Commissioner of Corrections violated his constitutional rights by failing to provide him with sufficient procedural due …
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| A04-1822 |
Minn. |
2005-06-09 |
Affirmed
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Johnson v. State
|
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… air and impartial. Johnson also alleges that the court failed to file a writ of habeas corpus on the original hearing date of February 23, 2004, resulting in his nonappearance. The record indicates that Johnson’s initial request for postcon …
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| A04-445 |
Minn. Ct. App. |
2004-09-28 |
Affirmed
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Ledden v. State
|
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… nd appellant chose not to appeal the denial. After an unsuccessful petition for habeas corpus relief in federal court, appellant filed a motion for correction of sentence on March 21, 2001. The district court denied the motion, and this cou …
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| A03-1747 |
Minn. Ct. App. |
2004-08-17 |
Denied
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State v. Kurz
|
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… dissatisfaction with the trial date or acceptance of counsel except by writ of habeas corpus filed without the aid of his court-appointed counsel. Further, although not cited to in Wilson , this court has stated that the right to a speedy …
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| A03-1779 |
Minn. Ct. App. |
2004-07-13 |
Denied
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Loyd v. Fabian
|
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… a district court order denying respondent Eddie Dee Loyd’s petition for writ of habeas corpus but ordering that his period of extended incarceration be limited to 30 days pursuant to a contract signed by Loyd prior to his entering a drug-tr …
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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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| 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. |
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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| C0-03-17 |
Minn. Ct. App. |
2003-04-08 |
Denied
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State Ex Rel. Allen v. Fabian
|
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… ed appeal from an order denying appellant Norman Allen’s petition for a writ of habeas corpus challenging his confinement following a revocation of his supervised release. Appellant argues that the district court erred in summarily denying …
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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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| C2-01-2251 |
Minn. |
2002-08-01 |
Affirmed
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King v. State
|
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… I, 513 N.W.2d at 248 . 3 . In 1997 appellant filed an application for a writ of habeas corpus in United States District Court. A federal magistrate concluded that none of the claims set forth in appellant's application for a writ of habeas …
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| C6-02-61 |
Minn. |
2002-06-27 |
Denied
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Townsend v. State
|
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… ” citing as an example Townsend I. Townsend then filed a petition for a writ of habeas corpus, which the district court treated as a petition for post-conviction relief under Chapter 590, in which Townsend sought application of the correct …
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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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| C4-01-243 |
Minn. |
2001-07-26 |
Denied
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Boitnott v. State
|
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… counsel, filed a first petition for postconviction relief, and sought a writ of habeas corpus in federal court. 1 Boitnott’s ineffective assistance of trial counsel allegations were undisputedly raised, but not necessarily decided on the me …
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| C1-99-1946 |
Minn. |
2001-06-28 |
Affirmed
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State v. Schwartz
|
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… ct court’s denial of his peti *137 tions for postconviction relief and' writ of habeas corpus. The district court determined that appellant failed to prove beyond a reasonable doubt that the statutes under which the Commissioner of Correcti …
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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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| C3-99-1558 |
Minn. Ct. App. |
2000-05-02 |
Denied
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State v. Olson
|
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… to go through a second trial. Reversed. . The defendant in Long filed a federal habeas corpus claim, challenging the Minnesota Supreme Court’s decision. See Long v. Humphrey, 184 F.3d 758 (8th Cir.1999). The Eighth Circuit Court of Appeals …
|
| CX-99-231 |
Minn. |
1999-10-21 |
Denied
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Wayne v. State
|
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… ayne Fenney to Michael Wayne. 2 . Appellant also filed a petition for a writ of habeas corpus in federal district court. The district court denied his petition and the Eighth Circuit Court of Appeals affirmed, con-eluding that appellant was …
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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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| C9-98-2266 |
Minn. Ct. App. |
1999-07-20 |
Denied
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In Re Simpkins
|
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… l of his requests to (1) appear by telephone conference; or (2) issue a writ of habeas corpus ad testificandum directing the sheriff to transport him to the district courthouse for the hearing violated his First Amendment right to religious …
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| No. C9-98-2266 |
Minn. Ct. App. |
1999-07-20 |
Denied
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In re Name Change of SIMPKINS
|
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… l of his requests to (1) appear by telephone conference; or (2) issue a writ of habeas corpus ad testifican-dum directing the sheriff to transport him to the district courthouse for the hearing violated his First Amendment right to religiou …
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| C7-98-1973, C5-98-2121, C9-98-1974, C3-98-2246, C3-98-2120 |
Minn. Ct. App. |
1999-05-18 |
Denied
|
Joelson v. O'KEEFE
|
|
… as psycho *907 pathic personalities, brought individual petitions for writs of habeas corpus to challenge the constitutionality of their commitments. The district courts denied the petitions and these appeals followed, which we consolidate …
|
| C7-98-323 |
Minn. |
1999-04-15 |
Reversed
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State Ex Rel. Morrow v. LaFleur
|
|
… 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 …
|
| No. C8-99-261 |
Minn. |
1999-03-29 |
—
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In re Disciplinary Action Against Whitlock
|
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… o enlarge the one-year limitation period or to prepare a petition for a writ of habeas corpus in violation of Rules 1.3 and 3.2, Minnesota Rules of Professional Conduct, failing to adequately communicate with his client in violation of Rule …
|
| C6-97-724 |
Minn. |
1998-12-10 |
Reversed
|
State v. Phillips
|
|
… 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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| C4-98-361 |
Minn. Ct. App. |
1998-09-08 |
Denied
|
Northwest v. LaFleur
|
|
… OPINION CRIPPEN, Judge. In this appeal from the trial court’s denial of his habeas corpus petition, appellant David Northwest disputes a disciplinary confinement determination based on his failure to successfully complete sex offender treat …
|
| C4-96-2591 |
Minn. |
1998-05-14 |
Denied
|
State v. Edrozo
|
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… The Fifth Circuit addressed a factual setting. similar to the present case in a habeas corpus proceeding in Stanley v. Wainwright, 604 F.2d 379 (5th Cir.1979). In Stanley , the court observed that surreptitious taping in a police car did no …
|
| C7-98-323 |
Minn. Ct. App. |
1998-03-24 |
Denied
|
State Ex Rel. Morrow v. LaFleur
|
|
… an appeal from an order denying appellant Randy Morrow’s petition for a writ of habeas corpus challenging a disciplinary sanction imposed on him by respondent that extends his supervised release date by 90 days. We reverse. FACTS Morrow was …
|
| C8-97-367 |
Minn. Ct. App. |
1997-10-28 |
Reversed
|
In Re the Welfare of S.A.M.
|
|
… 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 …
|
| C5-97-1055 |
Minn. Ct. App. |
1997-08-26 |
Affirmed
|
State Ex Rel. Griep v. Skon
|
|
… l is from an order denying appellant Christopher Griep’s petition for a writ of habeas corpus. Pursuant to Minn.Stat. § 589.30 (1996), this court expedited the appeal. Griep argues that the prison disciplinary proceeding against him was unt …
|
| C1-97-338 |
Minn. Ct. App. |
1997-08-26 |
Denied
|
Taylor v. Lieffort
|
|
… obb Taylor challenges the district court’s denial of his petition for a writ of habeas corpus, arguing that the district court erred (1) in concluding that his right against self-incrimination had not been violated and (2) in finding that T …
|
| C6-95-1786, C6-96-1281 |
Minn. |
1997-05-29 |
Granted
|
State v. Walen
|
|
… 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 …
|
| C1-96-1799 |
Minn. |
1997-03-13 |
Affirmed
|
Black v. State
|
|
… as affirmed. State v. Black, 291 N.W.2d 208 (Minn.1980). He then petitioned for habeas corpus relief in the federal courts, a claim that was reviewed on the merits and denied. Black v. Woods, 651 F.2d 528 (8th Cir.1981). Now, 18 years after …
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