| 48751, 48766 |
Minn. |
1980-05-30 |
Dismissed
|
State Ex Rel. Doe v. Madonna
|
|
… er 24, she filed in the Hennepin County District Court a petition for a writ of habeas corpus, a class action complaint for declaratory judgment, a motion for class certification, and a motion to intervene in the John Doe case. 1 (The John …
|
| 48727 |
Minn. |
1980-04-11 |
Granted
|
State v. Eaton
|
|
… either appeal. However, appellant Eaton, as well as Stith, may initiate a state habeas corpus proceeding to challenge the legal adequacy of the procedures followed by the parole authorities. Kelsey v. State, 283 N.W.2d 892 (Minn.1979); Stat …
|
| 48726 |
Minn. |
1980-04-11 |
Granted
|
State v. Stith
|
|
… e the question of the matrix as applied to Stith and Eaton is by separate state habeas corpus proceedings in the manner provided by our decision in Kelsey v. State, 283 N.W.2d 892 (Minn.1979). See also, State ex rel. Taylor v. Schoen, 273 N …
|
| 49278 |
Minn. |
1980-04-04 |
Reversed
|
In Re Complaint Concerning Judge McDonough
|
|
… o be transferred to St. Joseph’s Hospital. The matter was appealed on a writ of habeas corpus by Mr. Rheinberger, and was heard by the Honorable John F. Thoreen, Judge of District Court, Tenth Judicial District, in which Judge Thoreen state …
|
| No. 50599 |
Minn. |
1979-10-19 |
Affirmed
|
Minnesota Vikings Football Club, Inc. v. Metropolitan Council
|
|
… forded summarily through such extraordinary writs as mandamus, quo warranto, or habeas corpus. In re Lauritsen, 99 Minn. 313 , 109 N.W. 404 (1906). It appears that some, and perhaps all, of the issues pending in the district court must be t …
|
| 50599 |
Minn. |
1979-10-19 |
Affirmed
|
MINN. VIKINGS FOOTBALL CLUB v. Metro. Council
|
|
… forded summarily through such extraordinary writs as mandamus, quo warranto, or habeas corpus. In re Lauritsen, 99 Minn. 313 , 109 N.W. 404 (1906). It appears that some, and perhaps all, of the issues pending in the district court must be t …
|
| 49357 |
Minn. |
1979-08-24 |
Stayed
|
Vezina v. State
|
|
… The state argues that the challenge should instead have been made pursuant to a habeas corpus proceeding. The trial court made no ruling on this argument because the issue was not previously raised by the state. In our recent decision of Ke …
|
| 49256, 49354 |
Minn. |
1979-08-03 |
Denied
|
Kelsey v. State
|
|
… n County District Court dismissing without hearings petitions of petitioner for habeas corpus. In the one petition (our File No. 49256) petitioner sought release on the ground that he was wrongfully denied a pretrial evidentiary hearing pri …
|
| 48516 |
Minn. |
1979-07-20 |
Affirmed
|
State v. Pietraszewski
|
|
… conditions under which he was being held. He then filed a petition for writ of habeas corpus, and the trial court ordered the hospital to clean the cell, to allow defendant regular exercise, and to permit reasonable visitation. At sentenci …
|
| No. 49237 |
Minn. |
1979-07-13 |
Dismissed
|
State ex rel. Main v. Omodt
|
|
… r from an order of the district court discharging her application for a writ of habeas corpus. Petitioner was originally charged with aggravated assault, but, pursuant to an agreement between petitioner and the prosecutor, the state put the …
|
| 48846 |
Minn. |
1979-07-13 |
Denied
|
International State Bank v. Gamer
|
|
… bers. Among other powers conferred by law, they are empowered to issue writs of habeas corpus, to take acknowledgments of deeds and other written instruments, to take depositions and certify to the same, to perform the marriage ceremony, to …
|
| 48525 |
Minn. |
1979-04-20 |
Denied
|
Bock v. Lindquist
|
|
… d with two actions of his own. One of the actions was a successful petition for habeas corpus to obtain custody of Carson. Custody of Carson was placed with plaintiff, where it has remained since that time; and defendants’ motion to interve …
|
| 47072 |
Minn. |
1979-02-09 |
Granted
|
State v. Stewart
|
|
… tained by the Illinois Supreme Court. Thirteen years later, he sought a writ of habeas corpus from the Federal court based on his removal from the courtroom. The district court declined to issue the writ, but the court of appeals, in a divi …
|
| 48462 |
Minn. |
1978-12-08 |
Affirmed
|
Thompson v. Wood
|
|
… soner at Stillwater, from an order of the district court denying a petition for habeas corpus on res judicata grounds. Our examination of the record indicates that the petitioner is seeking to relitigate issues which were decided against hi …
|
| 48240 |
Minn. |
1978-09-22 |
Denied
|
State Ex Rel. Taylor v. Schoen
|
|
… to be incarcerated prior to parole. Appellant brought a petition for a writ of habeas corpus and an action for a declaratory judgment, claiming: that she had not had access to the guidelines used in the parole decision-making process prior …
|
| 48707 |
Minn. |
1978-06-23 |
Remanded
|
In Re the Welfare of E. G.
|
|
… tion of a neglected child placed in their home by the legal custodian either in habeas corpus proceedings or in proceedings in the juvenile court.” The deep concern and interest of the foster parents for the welfare of the minor are apparen …
|
| 47812 |
Minn. |
1978-06-02 |
Granted
|
In Re Welfare of A. R. W.
|
|
… enile court division, Hennepin County District Court, making absolute a writ of habeas corpus. By order of June 10, 1977, this court granted a petition for discretionary review and stayed execution of the juvenile court’s order directing th …
|
| 48440 |
Minn. |
1978-03-31 |
Denied
|
State v. Drager
|
|
… appeals from the order of the district court denying his petition for a writ of habeas corpus. We affirm. Petitioner was first in this state on June 28, 1977, when he was transferred to the Sandstone Federal Correctional Institution, Sandst …
|
| 47759 |
Minn. |
1978-03-10 |
Affirmed
|
State Ex Rel. Crosby v. Wood
|
|
… from an order of the district court summarily denying his pro se petitions for habeas corpus relief. There are three petitions in all. In one, petitioner charges that he was severely and unjustifiably beaten by prison guards in violation o …
|
| 47069 |
Minn. |
1978-01-20 |
Affirmed
|
State v. Neumann
|
|
… attendant and was convicted and sentenced to a prison term. Ten years later, a habeas corpus proceeding was begun in which the conviction was attacked on several grounds. Defendant appealed, arguing that his guilty plea should not have bee …
|
| 48137 |
Minn. |
1977-12-30 |
Dismissed
|
State v. Bailey
|
|
… appeals from an order of the Nicollet County District Court quashing a writ of habeas corpus. We affirm. On May 18, 1977, petitioner was sentenced to 0 to 20 years for criminal sexual conduct in the first degree, 1 and 0 to 40 years for ki …
|
| No. 48296 |
Minn. |
1977-12-08 |
Affirmed
|
State v. Finkelstein
|
|
… PER CURIAM. Defendants challenge by writ of habeas corpus the validity of their custody in a pending extradition proceeding. After hearing oral arguments, we affirmed from the bench the district court’s orders so that further delay in this …
|
| Nos. 46524, 46743 |
Minn. |
1977-02-18 |
Granted
|
Larson v. Stoner
|
|
… stody of the child to Mr. Stoner, whereupon Mr. Stoner petitioned for a writ of habeas corpus. At the same time Lutheran Social Services and Ms. Larson brought a motion for amended findings or, in the alternative, for a new trial, arguing t …
|
| 46524, 46743 |
Minn. |
1977-02-18 |
Granted
|
In Re Welfare of Larson
|
|
… stody of the child to Mr. Stoner, whereupon Mr. Stoner petitioned for a writ of habeas corpus. At the same time Lutheran Social Services and Ms. Larson brought a motion for amended findings or, in the alternative, for a new trial, arguing t …
|
| No. 46535 |
Minn. |
1977-01-21 |
Granted
|
State ex rel. Eagle v. Omodt
|
|
… Justice. This is an appeal from a denial of a juvenile’s petition for a writ of habeas corpus. We affirm; On January 31, 1975, a delinquency petition was filed in the Hennepin County District Court, Juvenile Division, alleging that Brian Al …
|
| 46097 |
Minn. |
1977-01-21 |
Granted
|
State v. Duncan
|
|
… a probable cause hearing for 16 days before finally being released on a writ of habeas corpus. It is not disputed that a fair and reliable determination of probable cause must be provided when there is any significant pretrial restraint on …
|
| 46434, 46651 |
Minn. |
1977-01-07 |
Affirmed
|
State Ex Rel. DeGidio v. Talbot
|
|
… n. Petitioner appeals from an order of the district court quashing two writs of habeas corpus. We affirm. Petitioner was incarcerated in Minnesota while on bail from the Wisconsin charge. Wisconsin authorities placed a detainer on petitione …
|
| 46100 |
Minn. |
1976-09-03 |
Denied
|
Smude v. State
|
|
… could have requested that the prosecutor attempt to obtain a common-law writ of habeas corpus ad testificandum from the appropriate Wisconsin court. Presumably that court would have granted the writ upon a showing that adequate safeguards t …
|
| 46547 |
Minn. |
1976-07-02 |
Dismissed
|
Gayles v. Hedman
|
|
… appeal from an order of the district court, following proceedings on a writ of habeas corpus, discharging from custody petitioner, who was being held on a rendition warrant. Reversing, we hold that the district court erred in considering w …
|
| 46313 |
Minn. |
1976-07-02 |
Denied
|
Kelsey v. State Ex Rel. McManus
|
|
… se appeal from an order of the district court denying a petition for a writ of habeas corpus without a hearing. We affirm. Petitioner, an inmate at the state prison, 1 seeks release from confinement on the ground that the Minnesota Correct …
|
| 46111 |
Minn. |
1976-06-25 |
Denied
|
State v. Knaffla
|
|
… S. Ct. 1486 , 14 L. ed. 2d 422 (1965). In Case, a state prisoner’s petition for habeas corpus, sought on the ground that the denial of assistance of counsel at trial violated his Féderal constitutional rights, was dismissed by a Nebraska st …
|
| 45894 |
Minn. |
1976-06-04 |
Granted
|
State Ex Rel. Otterstetter v. McManus
|
|
… ce. This is an appeal from an order of the district court discharging a writ of habeas corpus. The issue on appeal is whether, under the provisions of the Interstate Agreement on Detainers and the facts of this case, a penal sentence impose …
|
| 45820 |
Minn. |
1976-01-09 |
Denied
|
State Ex Rel. Kaus v. McManus
|
|
… nesota Corrections Authority. The district court discharged appellant’s writ of habeas corpus. We affirm. On October 29, 1964, appellant was convicted on two counts of second-degree murder and sentenced to two concurrent terms of 0 to 40 ye …
|
| 44299 |
Minn. |
1975-10-10 |
Denied
|
State v. Petersen
|
|
… cate a sentence. We also review the propriety of an order discharging a writ of habeas corpus. This issue presented is whether a state sentence following a burglary conviction, imposed after appellant had pleaded guilty to a separate Federa …
|
| 45274 |
Minn. |
1975-07-18 |
Modified
|
Petition of Giblin
|
|
… ding initiated by respondent to obtain the children’s custody through a writ of habeas corpus and to obtain an injunction to prevent petitioner from removing them from this state and from her control, determined that the State of Illinois l …
|
| 45300 |
Minn. |
1975-07-18 |
Denied
|
Rawland v. Sheppard
|
|
… ere well taken. As his counsel stated to the court, this was not a petition for habeas corpus but one for parole in which Dr. Sheppard had no interest or standing after refusing to certify *504 that petitioner could not be unconditionally r …
|
| 44948 |
Minn. |
1975-05-09 |
Denied
|
Garritson v. State
|
|
… eal from an order of the Blue Earth County District Court discharging a writ of habeas corpus which had been issued to challenge an extradition proceeding. Appellant was charged with uttering forged instruments in the Iowa counties of Chero …
|
| 45226 |
Minn. |
1975-03-14 |
Granted
|
State Ex Rel. Hall v. McRae
|
|
… Yetka, Justice. Appeal by Robert Hall from an order discharging a writ of *285 habeas corpus. Appellant’s contention that he has been deprived of due process and equal protection is based upon the failure of the Minnesota Corrections Author …
|
| 44516 |
Minn. |
1974-10-25 |
Denied
|
State Ex Rel. True v. LaKosky
|
|
… ce. Appellant appeals from summary judgment dismissing his petition for writ of habeas corpus for the return of a minor child, who is the subject of these proceedings, to the custody of appellant. Respondents obtained custody of the child f …
|
| 44333 |
Minn. |
1974-06-07 |
Dismissed
|
State Ex Rel. Doherty v. Duggan
|
|
… Per Curiam. This is an appeal from an order discharging a writ of habeas corpus in an extradition proceeding. In response to a demand by the governor of the State of Colorado the governor of Minnesota issued a rendition warrant for petition …
|
| 44275 |
Minn. |
1974-05-17 |
Affirmed
|
State Ex Rel. Rhodes v. Omodt
|
|
… 1. The only issue on this appeal by petitioner from an order quashing a writ of habeas corpus is whether petitioner sustained his burden of proving by clear and satisfactory evidence that he was not present in the State of Pennsylvania at t …
|
| 44409 |
Minn. |
1974-04-19 |
Reversed
|
Ray v. Ray
|
|
… Pee Curiam. This is an appeal from a district court order granting a writ of habeas corpus. John Wayne Ray, a nonresident father sought custody of his child, Jodi Lynn Ray, through application for a writ of habeas corpus supported by a cust …
|
| 44085 |
Minn. |
1974-04-19 |
Denied
|
State v. Kluck
|
|
… e 9, 1972. The court first considered defendant’s pro se petition for a writ of habeas corpus challenging the preliminary hearing; the court denied relief and denied defendant’s motion for a stay pending appeal. 1 The court then proceeded t …
|
| 44364 |
Minn. |
1974-04-12 |
Denied
|
State Ex Rel. Djonne v. Schoen
|
|
… Todd, Justice. Appellant appeals from an order discharging a writ of habeas corpus. He claims he has been denied due process by the failure of correction authorities to conduct a hearing prior to revocation of his work release. We reverse. …
|
| 44235 |
Minn. |
1974-03-29 |
Denied
|
Wilkinson v. McManus
|
|
… peals from the district court’s order denying his petition for either a writ of habeas corpus or an injunction. His petition challenged the constitutionality of the Minnesota prison labor program, under which a prisoner receives a small amo …
|
| 44071-2-3 |
Minn. |
1974-01-18 |
Denied
|
Wilkinson v. McManus
|
|
… ree separate but substantially identical petitions, two petitions for a writ of habeas corpus and one for a writ of habeas corpus or mandamus, in which he claimed that prison rules against so-called “conjugal visitation” constitute cruel an …
|
| 43893 |
Minn. |
1973-12-21 |
Denied
|
State v. Noland
|
|
… arraignment motion to dismiss, the other discharging a post-arraignment writ of habeas corpus. The main issue which defendant wants this court to decide is whether the state produced enough evidence at the preliminary hearing to establish p …
|
| 39495 |
Minn. |
1973-07-06 |
Affirmed
|
In Re Application for Discipline of Thompson
|
|
… urt denied certiorari, 385 U. S. 817 , 87 S. Ct. 39 , 17 L. ed. 2d 56 (1966). A habeas corpus petition before the Federal district court was denied because respondent had not exhausted this state’s postconviction remedies. Thompson v. Tahas …
|
| No. 43445 |
Minn. |
1973-01-12 |
Affirmed
|
State v. Dunham
|
|
… contends on this appeal from an order of the district court quashing a writ of habeas corpus that the state did not produce enough evidence at the preliminary hearing to establish probable cause for believing him guilty of the offense char …
|
| 42790 |
Minn. |
1972-09-01 |
Dismissed
|
DeGidio v. State
|
|
… atment as an addict. 2 The state suggests that either mandamus or certiorari or habeas corpus would be the appropriate procedure for a judicial review of the merits of petitioner’s claims. 3 Minn. St. 242.36 provides: “(1) Within 30 days fr …
|