| C6-86-1764 |
Minn. Ct. App. |
1987-04-07 |
Denied
|
Berg v. State
|
|
… pet. for rev. denied, (Minn. Feb. 5, 1985). Berg filed a petition for a writ of habeas corpus in federal district court, raising the same issues. This petition was denied on November 21, 1985. Berg next filed a pro se petition for post-conv …
|
| C2-86-1907 |
Minn. Ct. App. |
1987-03-18 |
Denied
|
Payne v. Erickson
|
|
… OPINION FOLEY, Judge. The State appeals from an order stemming from a habeas corpus petition in which the trial court found that the State had not proven that weekly reviews of an inmate placed in administrative segregation were conducted. …
|
| C2-86-899 |
Minn. Ct. App. |
1987-02-10 |
Dismissed
|
Anderson v. City of Hopkins
|
|
… 82, Sylvia Anderson petitioned the Hennepin County District Court for a writ of habeas corpus to compel respondents Bernard, Leona and Ulla Anderson to appear on the morning of September 8 with Cynthia and Paul at a hearing regarding Cynthi …
|
| No. C3-86-1026 |
Minn. Ct. App. |
1987-01-20 |
Denied
|
State ex rel. Arthurs v. Omodt
|
|
… N LANSING, Judge. Julie Arthurs appeals the trial court’s denial of her writ of habeas corpus. We affirm. FACTS The State of Montana charged Julie Ar-thurs with the felony of Deceptive Practices in violation of Montana Code 45-6-317(l)(a). …
|
| C7-86-1269, CO-86-1419 |
Minn. Ct. App. |
1987-01-13 |
Granted
|
State v. Whitcomb
|
|
… finding of direct contempt. Whit-comb now appeals his remand to custody in the habeas corpus proceeding and the underlying finding of direct contempt. 1 Minn.Stat. § 589.14, subd. 3 (Supp.1985) provides that when a writ of habeas corpus ha …
|
| CX-86-858 |
Minn. Ct. App. |
1987-01-06 |
Denied
|
State v. Morse
|
|
… NDALL, Judge. Hugh Morse appeals from an order denying his petition for writ of habeas corpus. Appellant alleges he was denied equal protection by being denied parole, denied a target release date, and prohibited from transferring to the Li …
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| No. C2-86-613 |
Minn. Ct. App. |
1987-01-06 |
Affirmed
|
Hamilton v. State
|
|
… cient to justify the departure. Id. at 114 . Hamilton then filed a petition for habeas corpus in federal district court, claiming the ex parte resentencing procedure violated his constitutional rights. The federal court agreed and ordered a …
|
| C5-86-1352 |
Minn. Ct. App. |
1987-01-01 |
Reversed
|
Sanders v. State
|
|
… 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 …
|
| C8-86-1023 |
Minn. Ct. App. |
1986-12-30 |
Denied
|
State v. Reinke
|
|
… NSING, Judge. This appeal is from the trial court’s order discharging a writ of habeas corpus in an extradition proceeding. We affirm. FACTS Boyd Reinke was indicted by a Texas grand jury with two counts of felony theft in violation of Texa …
|
| C9-86-334 |
Minn. |
1986-12-19 |
Granted
|
State Ex Rel. Linehan v. Wood
|
|
… s escape from and return to prison in Minnesota. In 1985 Linehan petitioned for habeas corpus seeking credit against his Minnesota sentence for time served in prison in Michigan. The trial court denied the petition, relying on State v. Will …
|
| C5-85-2023 |
Minn. |
1986-10-31 |
Denied
|
State v. Guminga
|
|
… h states: Due process; prosecutions; double jeopardy, self-incrimination; bail; habeas corpus. 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 punishment f …
|
| No. C9-86-334 |
Minn. Ct. App. |
1986-10-07 |
Dismissed
|
State ex rel. Linehan v. Wood
|
|
… Judge. Dennis Linehan appeals from an order denying his petition for a writ of habeas corpus and contends the trial court erred by not awarding jail credit. We agree and reverse. FACTS On October 1, 1965, appellant pleaded guilty in Ramsey …
|
| No. CX-86-1296 |
Minn. Ct. App. |
1986-10-07 |
Denied
|
State v. Babb
|
|
… or trial on charges of murder and attempted murder. Babb petitioned for writ of habeas corpus in extradition which the trial court denied. Babb appeals claiming he proved his absence from California at the time of the crimes. We affirm. FAC …
|
| C9-85-1652 |
Minn. Ct. App. |
1986-05-27 |
Granted
|
Marriage of Lundell v. Lundell
|
|
… return Daniel to his father’s custody. Respondent then petitioned for a writ of habeas corpus in Texas to compel appellant to return Daniel to Minnesota. Appellant also filed an action in Texas seeking a custody modification and a temporary …
|
| C8-86-227 |
Minn. Ct. App. |
1986-05-13 |
Denied
|
Welfare of S.H. v. Administrator of Golden Valley Health Center
|
|
… ING, Judge. S.H. appeals the trial court’s denial of her petition for a writ of habeas corpus. She alleged that she was being restrained for involuntary psychiatric treatment in violation of Minnesota law, under the alleged authority of an …
|
| C8-85-881 |
Minn. |
1986-05-09 |
Dismissed
|
Edstrom v. State
|
|
… lvin Edstrom, who is serving a 30-year sentence imposed in 1975 for rape, seeks habeas corpus. It appears that the Federal District Court dismissed Edstrom’s petition for habeas corpus because of failure to exhaust state remedies. Edstrom t …
|
| C3-85-1663 |
Minn. |
1986-04-11 |
Denied
|
Thompson v. State
|
|
… r the Eighth Circuit, on appeal from denial of Thompson’s petition for writ, of habeas corpus, declared it was satisfied that the entry by the police was proper because the police had reasonable grounds to believe that it was authorized by …
|
| No. CO-84-489 |
Minn. |
1985-12-13 |
Granted
|
Case v. Wood
|
|
… District Court granted respondent Raymond A. Case, Jr.’s petition for a writ of habeas corpus for supervised release from the Minnesota Correctional Facility — Oak Park Heights for good time earned. The Minnesota Court of Appeals affirmed. …
|
| C1-85-1175 |
Minn. Ct. App. |
1985-12-10 |
Denied
|
Fratzke v. Pung
|
|
… degree murder in 1982, appeals from an order denying his petition for a writ of habeas corpus. Fratzke contends that his mandatory life sentence under Minn.Stat. § 244.-05, subd. 4 deprives him of certain constitutional rights, including eq …
|
| C8-85-881 |
Minn. Ct. App. |
1985-12-03 |
Denied
|
Edstrom v. State
|
|
… man Edstrom appeals from a trial court order denying his petition for a writ of habeas corpus. He contends that: 1) he is entitled to parole because the standard sentence under the current sentencing guidelines is less than the time he has …
|
| C2-84-378, C6-84-528 |
Minn. |
1985-11-08 |
Affirmed
|
State v. Mattson
|
|
… L.Ed.2d 243 (1981), which, in affirming the Federal District Court’s denial of habeas corpus, agreed with our conclusion that the statutory requirement of use of force was established in Brouillette. (c) “Personal injury” is an element of …
|
| C2-84-1787 |
Minn. Ct. App. |
1985-08-13 |
Stayed
|
State v. Marti
|
|
… warrant only upon his release from his second sentence. Petitioner then sought habeas corpus relief, seeking dismissal of the parole violator warrant because he had been denied a *758 prompt hearing at which the pending parole revocation i …
|
| No. C2-85-374 |
Minn. Ct. App. |
1985-07-16 |
Affirmed
|
Rachuy v. State
|
|
… s. Subsequently Rachuy filed a petition for post-conviction relief or a writ of habeas corpus or a motion to withdraw his plea. The trial court denied relief stating: Petitioner’s application is without merit and pursuant to the provisions …
|
| C9-83-1680 |
Minn. |
1985-07-12 |
Reversed
|
State v. McGath
|
|
… 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 …
|
| C9-84-2192 |
Minn. Ct. App. |
1985-05-21 |
Denied
|
State Ex Rel. Walker v. Ramsey County District Court
|
|
… ner Robert James Walker appeals the trial court’s order discharging his writ of habeas corpus. We reverse. *29 FACTS On May 20, 1982, Robert James Walker (petitioner) ordered a rifle from New Mexico gunsmith Dale Goens. Petitioner had purch …
|
| No. CO-84-489 |
Minn. Ct. App. |
1984-12-11 |
Granted
|
Case v. Wood
|
|
… ered by the district court granting Raymond A. Case, Jr.’s petition for writ of habeas corpus. We affirm. FACTS At the time he petitioned for habeas corpus, Raymond A. Case, Jr. was an inmate at the Minnesota Correctional Facility-Oak Park …
|
| No. C8-84-675 |
Minn. Ct. App. |
1984-10-16 |
Granted
|
Marriage of Taylor v. Taylor
|
|
… from a school in St. Paul. He then traveled to Minnesota and obtained a writ of habeas corpus, to be heard on May 26, 1983. When appellant appeared in response, the hearing was continued for a week to enable her to obtain counsel. On June 2 …
|
| C9-83-383 |
Minn. |
1984-08-31 |
Reversed
|
State v. Rean
|
|
… 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 …
|
| C3-84-437 |
Minn. Ct. App. |
1984-08-21 |
Denied
|
STATE EX REL. KOST. v. Erickson
|
|
… shington County District Court order denying appellant’s petition for a writ of habeas corpus. Appellant petitioned for the writ on two grounds: (1) that the Minnesota Corrections Board acted improperly in setting his target release date; a …
|
| C2-84-347 |
Minn. Ct. App. |
1984-08-21 |
Vacated
|
State v. Tiessen
|
|
… lly addressed in a pro se petition filed in federal district court on a writ of habeas corpus; the petition was dismissed for lack of jurisdiction because of the defendant’s failure to exhaust state remedies. A. Illegal Arrest. There was no …
|
| C3-83-1660 |
Minn. Ct. App. |
1984-06-19 |
Affirmed
|
Kelsey v. State Ex Rel. Erickson
|
|
… order denying an evidentiary hearing to appellant on his petition for a writ of habeas corpus. Since 1971 appellant has been imprisoned at the State Correctional Facility, Stillwa-ter, Minnesota. He claims conditions at the place of his con …
|
| No. C1-84-324 |
Minn. Ct. App. |
1984-05-22 |
Denied
|
LaDoucer v. Ramsey County Sheriff's Department
|
|
… OPINION CRIPPEN, Judge. Petitioner appeals from an order denying him a writ of habeas corpus. He petitioned for an order directing agents of the State of Minnesota to withdraw a detainer filed with the Federal Correctional Institution, Oxfo …
|
| C0-82-522 |
Minn. |
1984-05-18 |
Denied
|
State v. Cermak
|
|
… ub nom., Brouillette v. Wood, 636 F.2d 215 (8th Cir.1980) (petition for federal habeas corpus denied), cert. denied, 450 U.S. 1044 , 101 S.Ct. 1766 , 68 L.Ed.2d 243 (1981). 7 The trial court in its instructions emphasized that the jury woul …
|
| No. CX-83-134 |
Minn. |
1984-02-10 |
Denied
|
Johnson v. Sheriff of Pine County
|
|
… bout April 17, 1981. This appeal is from an order of the district court denying habeas corpus. The issue on appeal is whether the record compels the conclusion that the petitioner met his burden of proving his absence from Wisconsin at the …
|
| C4-82-1110 |
Minn. |
1984-01-13 |
Reversed
|
State v. Edwards
|
|
… 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 …
|
| No. C8-83-2044 |
Minn. Ct. App. |
1984-01-11 |
Stayed
|
Soutor v. State
|
|
… 982. On September 26, 1983, the Magistrate recommended dismissal of the Writ of Habeas Corpus without prejudice because the petitions contained unex-hausted state claims and the state court had not been afforded a full and fair opportunity …
|
| C5-83-445 |
Minn. |
1983-09-30 |
Affirmed
|
State Ex Rel. Bursaw v. Omodt
|
|
… California in 1981. This appeal is from the order of the district court denying habeas corpus. The issue posed by the appeal is whether it is proper for Minnesota as a responding state to terminate an extradition proceeding because the dema …
|
| C6-82-1058 |
Minn. |
1983-08-12 |
Modified
|
State on Behalf of McDonnell v. McCutcheon
|
|
… or prior action or proceeding for divorce, separation, annulment, dissolution, habeas corpus, adoption, or custody in this or any other state. * * * If the other action or proceeding is concluded before the hearing in the instant proceedin …
|
| No. C2-83-290 |
Minn. |
1983-07-01 |
Denied
|
Shaw v. State
|
|
… on v. Wood, 272 N.W.2d 357 (Minn.1978) (affirming a dismissal of a petition for habeas corpus seeking to relitigate issues decided against petitioner in a previous habeas corpus proceeding); State v. Knaffla, 309 Minn. 246 , 243 N.W.2d 737 …
|
| Nos. 82-586, 82-587 |
Minn. |
1982-12-17 |
Denied
|
State ex rel. Erickson v. Felt
|
|
… , 1981, in Williston. This combined appeal by petitioners is from the denial of habeas corpus. The issues raised on appeal are (1) whether the extradition documents are in proper form, (2) whether petitioners proved their absence from North …
|
| No. 82-868 |
Minn. |
1982-10-05 |
Affirmed
|
Welfare of R. H. v. Hammergren
|
|
… f the Hennepin County District Court, Juvenile Division, denying a petition for habeas corpus in which the juvenile claimed that his right to due process was violated by the lack of an automatic judicial hearing following the decision by He …
|
| 81-769 |
Minn. |
1982-08-13 |
Reversed
|
State v. Zupetz
|
|
… 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 …
|
| 81-1059 |
Minn. |
1982-08-13 |
Denied
|
State v. Schmieg
|
|
… ); *761 Brouillette v. Wood, 636 F.2d 215 (8th Cir. 1980) (Petition for Federal habeas corpus denied). Affirmed. 1 . Defendant not only did not object to the join-der of offenses for trial but expressly agreed to the joinder. His trial coun …
|
| No. 81-1165 |
Minn. |
1982-07-27 |
Affirmed
|
Holscher v. State
|
|
… cord petitioner’s sentence as being 7-30 years. Subsequently, petitioner sought habeas corpus relief claiming, inter alia, that the case should have been remanded to the trial court for resentencing and that his sentence for murder should b …
|
| No. 81-1154 |
Minn. |
1982-06-11 |
Denied
|
Kelsey v. State ex rel. Erickson
|
|
… nty District Court denying, after hearing, three pro se petitions for a writ of habeas corpus filed by petitioner, who is serving a 20-year prison term for attempted first-degree murder. 1 We affirm. Petitioner’s main contention is that he …
|
| 81-1080, 81-1125 |
Minn. |
1982-01-13 |
Affirmed
|
Stevenson v. Young
|
|
… 80), where petitioner is incarcerated, denying without hearing his petition for habeas corpus. Petitioner is represented by counsel on the sentencing appeal but not on the appeal from denial of habeas corpus. We affirm both orders. 1. Petit …
|
| No. 81-29 |
Minn. |
1981-11-06 |
Reversed and remanded
|
Morse v. State
|
|
… 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 …
|
| No. 81-295 |
Minn. |
1981-10-30 |
Affirmed
|
State v. Linehan
|
|
… an appeal from an order of the district court denying a petition for a writ of habeas corpus by Dennis D. Linehan, an inmate at Stillwater Prison, as the result of a 1965 judgment of conviction of kidnapping. We affirm. We agree with the s …
|
| 50666 |
Minn. |
1980-08-29 |
Stayed
|
State v. Lothenbach
|
|
… would not be foreclosed from pursuing those constitutional claims in a federal habeas corpus proceeding. But the only difference between such a procedure and the one New York has chosen is that the plea entered is labeled a plea of “not gu …
|
| 50619-50623 |
Minn. |
1980-06-20 |
Dismissed
|
State Ex Rel. L.E.A. v. Hammergren
|
|
… SHERAN, Chief Justice. Petitioners appeal from dismissal of their petition for habeas corpus in the Fourth Judicial District. Petitioners sought habeas corpus claiming they were wrongfully being held in the Hennepin County Detention Center …
|