| C8-96-1024 |
Minn. Ct. App. |
1997-02-18 |
Granted
|
Granite Valley Hotel Ltd. Partnership v. Jackpot Junction Bingo & Casino
|
|
… 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 …
|
| C2-96-1682 |
Minn. Ct. App. |
1997-02-04 |
Denied
|
Matter of Welfare of AY-J.
|
|
… The district court conducted the initial appearance on July 18, 1995. A writ of habeas corpus was obtained by appellant’s counsel to secure his appearance from the Anoka jail, but appellant refused to attend the hearing. The original hearin …
|
| C6-95-1481 |
Minn. |
1996-12-05 |
Denied
|
Van Buren v. State
|
|
… that the complainant was sincere. Id. at 662 . The defendant in Maurer filed a habeas corpus petition in federal court.. Maurer v. Department of Corrections, 32 F.3d 1286 (8th Cir.1994). Ultimately, the Eighth Circuit Court of Appeals gran …
|
| C0-95-1282, C6-95-1559 |
Minn. |
1996-02-16 |
Granted
|
Kennedy v. Carlson
|
|
… (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 …
|
| C0-95-133 |
Minn. Ct. App. |
1995-09-28 |
Granted
|
Gavle v. Little Six, Inc.
|
|
… 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 …
|
| C6-95-279 |
Minn. Ct. App. |
1995-08-01 |
Granted
|
Klammer v. Lower Sioux Convenience Store
|
|
… 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 …
|
| C7-94-1981 |
Minn. |
1995-07-14 |
Affirmed
|
Hanley v. State
|
|
… d 735 (Minn.1985). 1 Hanley petitioned the federal district court for a writ of habeas corpus, which was denied in 1992, and he then filed the instant petition for postconvietion relief. In appealing the postconvietion court’s denial of rel …
|
| C7-94-1544 |
Minn. Ct. App. |
1995-03-07 |
Granted
|
Perez v. Sheriff of Watonwan County
|
|
… 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 …
|
| C9-94-1061 |
Minn. Ct. App. |
1995-01-31 |
Denied
|
Ascher v. Commissioner of Public Safety
|
|
… 5 , 96 S.Ct. 3037 , 49 L.Ed.2d 1067 (1976) (exclusionary rule does not apply in habeas corpus proceeding where there has been a full hearing on the habeas corpus claims in the underlying criminal trial); I.N.S. v. Lopez-Mendoza, 468 U.S. 10 …
|
| C3-94-360 |
Minn. Ct. App. |
1994-12-27 |
Reversed
|
State v. Miller
|
|
… 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 …
|
| C1-94-96 |
Minn. Ct. App. |
1994-08-09 |
Affirmed
|
Crisler v. State
|
|
… n order. Acting against the advice of his attorneys, he instead filed a federal habeas corpus petition, which was denied without prejudice. In 1993, Crisler filed a second posteonviction petition in state court. This petition alleged that t …
|
| C1-92-1129 |
Minn. |
1994-04-01 |
Denied
|
Lidberg v. Steffen
|
|
… the rejection of his declaratory judgment action, but instead he petitioned for habeas corpus relief from the federal courts. The United States District Court denied his petition because respondent failed to exhaust his state remedies befor …
|
| C3-93-381, C8-93-523 |
Minn. Ct. App. |
1993-09-10 |
Granted
|
Matter of Linehan
|
|
… 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 …
|
| CX-93-23 |
Minn. Ct. App. |
1993-08-17 |
Denied
|
In Re the Welfare of J.D.O.
|
|
… of trial, J.D.O. was not present due to the state’s failure to send the writ of habeas corpus to St. Croix Camp. Appellant’s attorney moved for dismissal of the petition on speedy trial grounds. The trial judge dismissed the case without st …
|
| C7-91-2517 |
Minn. |
1993-08-06 |
Denied
|
Dziubak v. Mott
|
|
… remedies through the appeal process and motions for post-conviction relief and habeas corpus. It would be an unfair burden to subject the public defender to possible malpractice for acts or omissions due to impossible caseloads and an unde …
|
| C8-92-1595 |
Minn. |
1993-07-16 |
Denied
|
State v. Rainer
|
|
… er, 411 N.W.2d 490 (Minn. 1987). Appellant then sought and was denied a writ of habeas corpus from the federal district court. The denial was affirmed by the Eighth Circuit Court of Appeals. Rainer v. Department of Corrections, 914 F.2d 106 …
|
| C5-92-1540 |
Minn. Ct. App. |
1993-02-02 |
Denied
|
State Ex Rel. McMaster v. Benson
|
|
… an order granting in part the relief requested in respondent Gregory McMaster’s habeas corpus petition. We reverse. FACTS Gregory McMaster pleaded guilty in 1978 to one count of first-degree murder and was sentenced to life imprisonment. Du …
|
| C1-92-1129 |
Minn. Ct. App. |
1993-01-15 |
Denied
|
Lidberg v. Steffen
|
|
… not appeal. Appellant petitioned the United States District Court for a writ of habeas corpus, alleging his continued commitment as mentally ill and dangerous was unconstitutional. On May 6,1991, the court dismissed his petition for failure …
|
| C0-92-1042 |
Minn. |
1992-12-11 |
Dismissed
|
State v. Clausen
|
|
… entitled “Due process; prosecutions; second jeopardy; self-incrimination; bail; habeas corpus.” It reads: No person shall be held to answer for a criminal offense without due process of law, and no person shall be put twice in jeopardy of p …
|
| C7-91-1285 |
Minn. |
1992-05-01 |
Affirmed
|
Scruggs v. State
|
|
… conviction on his direct appeal. The federal court has denied his petition for habeas corpus relief. On his current motion for posteonviction relief, he now *23 claims: (1) the postconviction court erred by failing to make findings of fact …
|
| C6-90-1896 |
Minn. |
1992-04-17 |
Stayed
|
Hill v. State
|
|
… 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 …
|
| C0-91-1127, C7-91-1299 |
Minn. Ct. App. |
1991-11-19 |
Denied
|
Matter of Zuckerman
|
|
… llant. On May 24, the court heard and denied appellant’s petition for a writ of habeas corpus. On May 29, the hearing resumed, and additional witnesses were presented. Based on evidence presented at the hearing, the trial court committed ap …
|
| C7-91-895 |
Minn. Ct. App. |
1991-10-29 |
Denied
|
State Ex Rel. McMaster v. Young
|
|
… OPINION DAVIES, Judge. Appellant challenges the denial of a petition for habeas corpus. Habeas corpus was denied on the basis that there is no liberty interest in access to prison rehabilitation programs nor in custody status classification …
|
| C5-83-1031 |
Minn. |
1991-07-19 |
Denied
|
In Re Reinstatement of Trygstad
|
|
… upreme Court, Reutter v. Meierhenry, 405 N.W.2d 627 (S.D.1987), but, on writ of habeas corpus, the conviction was set aside by the 8th Circuit Court of Appeals, Reutter v. Solent, 888 F.2d 578 (8th Cir.1989). Reutter then pled guilty to a m …
|
| CX-91-1040 |
Minn. |
1991-06-20 |
Dismissed
|
Seventy-Seventh Minnesota State Senate v. Carlson
|
|
… he district court and the supreme court had original jurisdiction over writs of habeas corpus, the proper procedure announced was to petition the district court for relief). We are certainly aware of the immediacy and significance of the su …
|
| C9-91-851 |
Minn. Ct. App. |
1991-06-18 |
Denied
|
State Ex Rel. Holecek v. Ross
|
|
… IAK, Chief Judge. This appeal is from an order denying a petition for a writ of habeas corpus. We reverse and grant the petition. FACTS Appellant Frank Holecek pleaded guilty to charges of second degree assault and the gross misdemeanor off …
|
| C7-89-1139 |
Minn. |
1990-08-31 |
Denied
|
Larson v. Dunn
|
|
… e other remedies make actions for alienation unnecessary and undesirable, e.g., habeas corpus, or contempt of court). This case also clearly illustrates the other penalties abductors will pay. The mother in this case has not seen her daught …
|
| CX-89-1765 |
Minn. Ct. App. |
1990-05-01 |
Denied
|
Kipp v. Saetre
|
|
… ade Kipp that the best way of opposing his imprisonment would be a petition for habeas corpus, but Kipp chose not to file such a petition. Erickson therefore wrote to the judge, explaining that although he had not specifically been appointe …
|
| No. C3-90-415 |
Minn. Ct. App. |
1990-04-17 |
Denied
|
Case v. Pung
|
|
… AK, Chief Judge. This is an appeal from an order denying a petition for writ of habeas corpus. We affirm. FACTS Appellant Raymond Case was convicted of first-degree assault for a 1986 incident which resulted in serious injuries to the victi …
|
| C7-89-1139 |
Minn. Ct. App. |
1990-02-21 |
Dismissed
|
Larson v. Dunn
|
|
… visitational rights in one parent may in appropriate situations be corrected by habeas corpus or, more commonly, by citation for contempt of court. Id. Finally, the court noted that an action for enticement of a child still exists under Min …
|
| C8-89-1182 |
Minn. |
1990-01-05 |
Affirmed
|
Fratzke v. State
|
|
… .1984). 1 The Federal District Court'denied his subsequent petition for federal habeas corpus relief and an appeal to the Eighth Circuit was dismissed as untimely. Thereafter, in December 1988, petitioner filed a pro se petition seeking pos …
|
| No. C1-89-1508 |
Minn. Ct. App. |
1989-12-12 |
Denied
|
State v. Koehler
|
|
… ION CRIPPEN, Judge. This appeal is from an order denying a petition for writ of habeas corpus challenging extradition of appellant to Texas. We affirm. FACTS On April 10, 1989, appellant Koehler began serving a four month sentence for a Min …
|
| C9-88-2301 |
Minn. |
1989-06-09 |
Affirmed
|
Dent v. State
|
|
… mself as the victim of a “vicious cycle” because he is unable to pursue federal habeas corpus relief without first exhausting his state remedies, but is unable to have his current claims considered at the state level because they are barred …
|
| C3-88-2259 |
Minn. Ct. App. |
1989-01-24 |
Denied
|
Bolstad v. State
|
|
… 5 are governed by the civil rules applicable to appeals from final judgments in habeas corpus actions. United States v. Hayman, 342 U.S. 205 , 209 n. 4, 72 S.Ct. 263 , 267 n. 4, 96 L.Ed. 232 (1952) (citation omitted) (appeal timely because …
|
| CX-87-1826 |
Minn. Ct. App. |
1988-07-05 |
Denied
|
Nicolaison v. Erickson
|
|
… al is from an order denying appellant Wayne Nicolaison’s petition for a writ of habeas corpus following an eviden-tiary hearing. We affirm. FACTS Appellant Wayne Nicolaison was committed to the Commissioner of Corrections on February 5,1985 …
|
| No. C4-88-1038 |
Minn. Ct. App. |
1988-06-28 |
Denied
|
Brown v. Litynski
|
|
… SPECIAL TERM OPINION WOZNIAK, Chief Judge. FACTS Brown seeks a writ of habeas corpus from this court, claiming a condition of his probation for a misdemeanor assault conviction was unconstitutional. He has not first petitioned for relief in …
|
| C7-87-2349 |
Minn. Ct. App. |
1988-05-10 |
Dismissed
|
State v. Lewis
|
|
… 8 F.Supp. 580 (S.D.N.Y.1978) where the federal district court granted a writ of habeas corpus compelling the state of New York to dismiss its charges. The state had taken custody of a federal prisoner to try its indictment but returned him …
|
| C0-87-2273 |
Minn. Ct. App. |
1988-03-15 |
Denied
|
Seifert v. Erickson
|
|
… s from an order denying, without an evidentiary hearing, a petition for writ of habeas corpus. We affirm. FACTS Appellant Craig Seifert is serving two concurrent sentences, a 22-month sentence for possession of methadone and a 36-month sent …
|
| C3-86-2130 |
Minn. |
1988-01-22 |
Reversed
|
State v. Goff
|
|
… 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 …
|
| C3-87-1148 |
Minn. Ct. App. |
1987-10-20 |
Denied
|
State v. Whitcomb
|
|
… l on the speeding and obstruction charges. Whitcomb filed a request for writ of habeas corpus, and a hearing was scheduled for July 18, 1986. At the hearing the *841 court ruled that the contempt conviction was valid. Whitcomb requested a s …
|
| C8-87-1288 |
Minn. Ct. App. |
1987-10-06 |
Denied
|
Case v. Pung
|
|
… ge. Appellant Raymond Arthur Case, Jr. petitioned the trial court for a writ of habeas corpus. The trial court denied his petition, and he appeals to this court. *262 FACTS Appellant was convicted of assault in the first degree and was sent …
|
| C2-87-931 |
Minn. Ct. App. |
1987-09-01 |
Dismissed
|
Marriage of Ferguson v. Ferguson
|
|
… se the nonresident obligor had enforced his visitation rights through a writ of habeas corpus. 652 P.2d at 1012 , 186 Cal.Rptr. at 781 . In response to the custodial parent’s argument that the obligor had made a general appearance by securi …
|
| No. C9-87-36 |
Minn. Ct. App. |
1987-08-18 |
Stayed
|
State v. Peterson
|
|
… nsel to tell him he would be testifying at trial, and failure to file a writ of habeas corpus. During trial, after appellant made his concerns known, the judge afforded appellant the opportunity to finish the trial pro se, and appellant dec …
|
| C5-87-79 |
Minn. |
1987-08-14 |
Granted
|
State v. Coe
|
|
… 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 …
|
| No. C3-87-1277 |
Minn. Ct. App. |
1987-08-04 |
Denied
|
State ex rel. Kirkendoll v. Zacharias
|
|
… rence Kirkendoll appeals a trial court order denying his petition for a writ of habeas corpus. We affirm. FACTS Appellant Clarence Kirkem oil was arrested in Ramsey County on February 24, 1987. He was charged by complaint on February 27 wit …
|
| C5-87-79 |
Minn. Ct. App. |
1987-06-25 |
Modified
|
State v. Coe
|
|
… nt that it exceeded 60 months. After five years Coe would have been released on habeas corpus. Hence any sentence in excess of 60 months would be an enhancement of penalty by reason of Coe’s appeal, and is precluded by Walker, Prudhomme, an …
|
| No. C3-87-596 |
Minn. Ct. App. |
1987-05-19 |
Denied
|
State ex rel. Abernathy v. Zacharias
|
|
… on warrant for Abernathy’s arrest and delivery to Ohio agents. Abernathy sought habeas corpus relief on the ground the extradition documents were invalid because the request was not signed by the governor of Ohio. The trial court denied Abe …
|
| C2-86-1907 |
Minn. |
1987-05-01 |
Denied
|
Payne v. Erickson
|
|
… SCOTT, Justice. This is a habeas corpus proceeding dealing with the issue of whether a prison inmate, Gregory M. Payne, was held in administrative segregation without due process. On February 19, 1986, Payne was placed in administrative seg …
|
| No. C2-86-2099 |
Minn. Ct. App. |
1987-04-21 |
Denied
|
Johanson v. State
|
|
… . Johanson, 358 N.W.2d 64 (Minn.1984). His Federal Court petition for a writ of habeas corpus was denied. See Johanson v. Pung, 795 F.2d 48 (8th Cir.1986). Prior proceedings did not address the issue presently litigated. …
|
| C3-86-1611 |
Minn. |
1987-04-10 |
Granted
|
State v. Paradee
|
|
… 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 …
|