| 43313 |
Minn. |
1972-08-18 |
Granted
|
Wertheimer v. State
|
|
… legal counsel. The legality of the extradition may then be tested by a writ of habeas corpus. Defendant contends that the state has refused to appoint counsel and grant him a hearing solely because of his status as a prisoner, and by doing …
|
| 43187 |
Minn. |
1972-08-04 |
Denied
|
State Ex Rel. Fisher v. Devins
|
|
… is birth. This proceeding was initiated by Mary Fisher’s petition for a writ of habeas corpus, which was issued on June 4, 1970. A hearing thereon was set for June 26, 1970. The writ, directed at David M. Devins and Dorothy McGarry Devins, …
|
| No. 43269 |
Minn. |
1972-06-23 |
Affirmed
|
State ex rel. Fox v. Young
|
|
… Per Curiam. Appeal from a district court denial of habeas corpus relief in a proceeding instituted by petitioner to challenge revocation of his parole. We affirm. Petitioner had his parole revoked by the Adult Corrections Commission upon hi …
|
| 42470, 42331 |
Minn. |
1972-02-25 |
Vacated
|
State v. Burnett
|
|
… rom a conviction of the crime of escape and from an order denying him a writ of habeas corpus. His contention is that his guilty plea should be vacated because of statements made by him at the time of the plea which are inconsistent with gu …
|
| 43367 |
Minn. |
1972-02-25 |
Denied
|
State Ex Rel. Wagner v. Hedman
|
|
… ce. This is an appeal from an order of the district court discharging a writ of habeas corpus in an extradition proceeding. Petitioner, Leon D. Wagner, Jr., was arrested June 10, 1971, pursuant to a fugitive warrant under Minn. St. 629.13 i …
|
| Nos. 42331, 42470 |
Minn. |
1972-02-25 |
Vacated
|
State v. Burnett
|
|
… rom a conviction of the crime of escape and from an order denying him a writ of habeas corpus. His contention is that his guilty plea should be vacated because of statements made by him at the time of the plea which are inconsistent with gu …
|
| Nos. 42893, 42904 |
Minn. |
1972-01-28 |
Dismissed
|
Keiser v. Sheppard
|
|
… prohibition consolidated with an appeal by the state from an order, entered in habeas corpus proceedings, which directs relator’s release from a state hospital where he is confined under the so-called psychopathic personality law. The only …
|
| No. 41723 |
Minn. |
1971-12-17 |
Affirmed
|
Aird v. State
|
|
… ugh there was an erroneous dismissal of defendant’s 1964 petition for a writ of habeas corpus essentially because defendant was paroled from prison in April 1966, State ex rel. Atkinson v. Tahash, 274 Minn. 65 , 142 N. W. 2d 294 (1966), 2 t …
|
| 43049 |
Minn. |
1971-11-26 |
Granted
|
State Ex Rel. Trimble v. Hedman
|
|
… peal from an order of the District Court of Ramsey County discharging a writ of habeas corpus. The facts may be briefly stated. On May 22, 1970, just after midnight, a call was received by the St. Paul Police Headquarters requesting that as …
|
| 42512 |
Minn. |
1971-10-08 |
Denied
|
McLaughlin v. State
|
|
… ivated by coerced confessions, without more, did not entitle the prisoners to a habeas corpus hearing or relief. The logic advanced in McMann is compelling: *281 “* * * [T] lie decision to plead guilty before the evidence is in frequently i …
|
| No. 42464 |
Minn. |
1971-06-04 |
Granted
|
Cleaver v. State
|
|
… voked and he was returned to the State Prison. At this point the relator sought habeas corpus, claiming that the state had lost jurisdiction over him and therefore he could not be required to serve the remainder of his sentence. We affirmed …
|
| No. 42002 |
Minn. |
1971-04-02 |
Stayed
|
State ex rel. Polk v. Tahash
|
|
… Per Curiam. This is an appeal from a judgment dismissing a writ of habeas corpus by which defendant sought to test the validity of his confinement in the State Prison arising out of a conviction for sodomy in 1955. The issue is whether the …
|
| 41994 |
Minn. |
1971-03-19 |
Affirmed
|
State Ex Rel. Lyon v. Peters
|
|
… for $20 on a bank in which he had no account. The trial court ordered a writ of habeas corpus discharged, and this appeal followed. The only issue is whether petitioner has sustained his burden of proving by clear and satisfactory evidence …
|
| 42991 |
Minn. |
1971-03-19 |
Dismissed
|
State Ex Rel. Reed v. Hedman
|
|
… k in Omaha, Nebraska, on October 20, 1970. The trial court discharged a writ of habeas corpus and this appeal followed. No brief was filed on behalf of appellant and no appearance was made at scheduled oral argument, so the appeal should be …
|
| 42303 |
Minn. |
1971-02-26 |
Denied
|
Gaulke v. State
|
|
… e, declined to deter *362 mine the issue when it was raised in a postconviction habeas corpus proceeding as a collateral attack on a 6-year-old judgment. Affirmed. 1 Other issues raised in the petition for postconviction relief involve his …
|
| 42264 |
Minn. |
1971-02-05 |
Affirmed
|
Thompson v. State
|
|
… t. 39 , 17 L. ed. (2d) 56. Appellant then sought relief by petition for writ of habeas corpus in the Federal district court, which was denied for the reason that he had not exhausted his state court remedies. Thompson v. Tahash (D. Minn.) 2 …
|
| 41985 |
Minn. |
1970-12-24 |
Stayed
|
McMillen v. State
|
|
… ut a year and a half of his sentence, petitioner filed a petition for a writ of habeas corpus, which was denied. Subsequently, represented by the public defender, he filed this petition for postconviction relief pursuant to Minn. St. c. 590 …
|
| 40855, 40198 |
Minn. |
1970-10-30 |
Granted
|
State Ex Rel. Thornton v. Tahash
|
|
… Court of Washington County dismissing his postconviction petition for a writ of habeas corpus. *368 It appears from the record that on the evening of May 8, 1965, defendant spent the evening drinking at a cafe in Minneapolis where his wife …
|
| 42046 |
Minn. |
1970-08-28 |
Dismissed
|
State Ex Rel. Swyston v. Hedman
|
|
… ppellant was arrested on March 11, 1969. Thereafter he petitioned for a writ of habeas corpus. A hearing was held on May 14, 1969. In his petition, appellant alleged that the demand for extradition and the war *531 rant were not proper in f …
|
| 42518 |
Minn. |
1970-08-14 |
Denied
|
State Ex Rel. Chamberlain v. Martinco
|
|
… ce. This is an appeal from an order of the district court discharging a writ of habeas corpus. Petitioner, who is being held pending extradition under process issued by the State of Kansas, contends that the trial court erred in denying his …
|
| 41670 |
Minn. |
1970-07-17 |
Denied
|
Coolen v. State
|
|
… milar to the one presently before us, we affirmed the lower court’s denial of a habeas corpus petition for vacation of a guilty plea. The petition alleged that both the county attorney and petitioner’s own counsel promised that if petitione …
|
| 42531 |
Minn. |
1970-06-30 |
Reversed and remanded
|
State v. Nomiya
|
|
… from an order of the district court denying appellant’s petition for a writ of habeas corpus. In September 1968, appellant was prosecuted for the crime of second-degree murder and acquitted on the ground that she was insane at the time of …
|
| 41773 |
Minn. |
1970-04-17 |
Granted
|
Welfare of Loyd v. Youth Conservation Commission
|
|
… tate Industrial School until he should attain his majority. His parents brought habeas corpus proceedings, resulting in the appeal. The Supreme Court held that the due process clause of the Fourteenth Amendment of the United States Constitu …
|
| 41662 |
Minn. |
1970-03-20 |
Denied
|
Gallagher v. State
|
|
… ts during a 25-minute consultation. In affirming an order discharging a writ of habeas corpus, we stressed the fact that defendant did not clearly and unequivocally profess his innocence and that it was a relevant consideration that the def …
|
| 42328 |
Minn. |
1970-03-13 |
Granted
|
Barker v. Barker
|
|
… stice. This is an appeal from an order of the district court quashing a writ of habeas corpus obtained by Norma S. Barker to secure custody of her children under a South Carolina decree, which order also granted James C. Barker a hearing on …
|
| No. 41807 |
Minn. |
1970-02-13 |
Granted
|
Scuto v. Gutz
|
|
… dren brought to Las Vegas, Nevada. This prompted the father to secure a writ of habeas corpus in Nevada restoring his right to the custody ordered by the Ramsey County District Court. Meanwhile, on *525 March 2, 1968, the.mother remarried. …
|
| No. 41894 |
Minn. |
1970-01-09 |
Denied
|
Wisconsin v. Sargent
|
|
… ving committed a burglary on November 14, 1968. Defendant applied for a writ of habeas corpus to contest his detention, and a hearing was had in the district court on the single issue of whether or not defendant was present in the State of …
|
| No. 40421 |
Minn. |
1970-01-09 |
Affirmed
|
State v. Limberg
|
|
… am. This is an appeal from an order of the district court discharging a writ of habeas corpus, reinstating a rendition warrant, and remanding defendant to custody of the demanding state pursuant to an extradition proceeding. Defendant conte …
|
| 41037 |
Minn. |
1969-09-05 |
Denied
|
State Ex Rel. Parks v. Tahash
|
|
… ce. Appeal from an order of the district court discharging petitioner’s writ of habeas corpus brought to compel his release from custody of respondent, warden of the State Prison. On January 18, 1965, at about 8:30 a. m. a police radio mess …
|
| 41026 |
Minn. |
1969-08-22 |
Denied
|
State Ex Rel. Pittman v. Tahash
|
|
… rent sentences of 40 years. On January 4, 1967, defendant applied for a writ of habeas corpus claiming that his convictions were obtained in violation of his constitutional rights. Following a plenary■ evidentiary hearing on February 2, at …
|
| 41146 |
Minn. |
1969-08-15 |
Denied
|
State v. Burch
|
|
… court sustains its jurisdiction, bring a petition for a writ of prohibition or habeas corpus to secure a final determination prior to proceeding on the merits. Where a defendant is present in a court having jurisdiction over the offense wi …
|
| 41749 |
Minn. |
1969-08-15 |
Dismissed
|
State v. Miernik
|
|
… have sought the same relief from the district court by a petition for a writ of habeas corpus. Minn. St. 484.03. …
|
| 41274, 41363 |
Minn. |
1969-08-01 |
Granted
|
STATE BY ST. LOUIS COUNTY WELFARE DEPT. v. Niemi
|
|
… lly adopted.” The board accordingly petitioned the district court for a writ of habeas corpus, which was granted. At that time, however, the Niemis and the welfare board entered into a “stipulation of withdrawal,” by the terms of which the …
|
| 41893 |
Minn. |
1969-08-01 |
Denied
|
Thompson v. State
|
|
… 45 , 9 L. ed. (2d) 770, which held that a convicted defendant was entitled to a habeas corpus hearing where denial of a funda *278 mental right was alleged, §§ 590.01 2 to 590.06 were enacted to provide a postconviction remedy by which a de …
|
| 41231 |
Minn. |
1969-06-27 |
Denied
|
Swanson v. State
|
|
… Prison at Stillwater August 29, 1960. Defendant filed a petition for a writ of habeas corpus in Washington County District Court July 14, 1965, which petition was denied on the ground that petitioner had not complied with Minn. St. 589.04( …
|
| 41439 |
Minn. |
1969-06-13 |
Affirmed
|
State Ex Rel. Gowdy v. Tahash
|
|
… Per Curiam. Appeal from an order of the district court discharging a writ of habeas corpus issued subsequent to relator’s conviction for the crime of first-degree murder. The issue in the habeas corpus proceeding was whether relator was com …
|
| No. 41455 |
Minn. |
1969-05-29 |
Affirmed
|
State ex rel. Keller v. LeVander
|
|
… , Justice. Appeal from an order of the district court making absolute a writ of habeas corpus applied for by petitioner, Franklin E. Keller, Jr., after his arrest pursuant to an extradition warrant. Petitioner was indicted in Buchanan Count …
|
| 40991 |
Minn. |
1969-04-18 |
Stayed
|
State Ex Rel. Thunstrom v. Tahash
|
|
… eran, Justice. Appeal from an order of the district court discharging a writ of habeas corpus. On January 28, 1963, petitioner, represented by counsel of his own selection, entered a plea of guilty to the crime of burglary in the third degr …
|
| 41715 |
Minn. |
1969-04-03 |
Affirmed
|
Kopetka v. State
|
|
… bsequently, we affirmed two orders denying postconviction relief arising out of habeas corpus proceedings in the District Court of Washington County. State ex rel. Kopetka v. Tahash, 281 Minn. 52 , 160 N. W. (2d) 399 ; State ex rel. Kopetka …
|
| 41190 |
Minn. |
1969-01-31 |
Denied
|
Sigana v. Bailey
|
|
… involved the review of a decision of the State of Washington denying a writ of habeas corpus sought by an Indian residing on an Indian reservation following his conviction for the crime of burglary. In holding that the state courts had no …
|
| 41126, 41515 |
Minn. |
1969-01-10 |
Granted
|
Lindberg v. Lindberg
|
|
… physical custody of the children, obtained and served upon plaintiff a writ of habeas corpus. Prior to a hearing on the writ, plaintiff served and filed a timely affidavit of prejudice upon the trial judge, who erroneously refused to honor …
|
| 41246 |
Minn. |
1968-12-27 |
Dismissed
|
State Ex Rel. Brown v. Telander
|
|
… s state. He then petitioned the District Court of Hennepin County for a writ of habeas corpus pursuant to Minn. St. 629.10. After a hearing, the trial court dismissed the writ and ordered petitioner held for the Colorado authorities. Petiti …
|
| 41651 |
Minn. |
1968-11-29 |
Denied
|
State Ex Rel. Kopetka v. Young
|
|
… rder of the district court denying without a hearing his petition for a writ of habeas corpus in which he claims he is being subjected to cruel and unusual punishment in violation of U. S. Const. Amends. VIII and XIV. Specifically, he alleg …
|
| No. 41077 |
Minn. |
1968-11-08 |
Granted
|
Behrends v. Columbia County
|
|
… N. W. (2d) 572 , the father was in California and the mother in Minnesota. In a habeas corpus proceeding to determine custody, we held that the mother had a right to question the jurisdiction of the California court. State ex rel. Glasier v …
|
| 41077 |
Minn. |
1968-11-08 |
Granted
|
In Re Longseth
|
|
… 150 N.W.2d 572 , the father was in California and the mother in Minnesota. In a habeas corpus proceeding to determine custody, we held that the mother had a right to question the jurisdiction of the California court. State ex rel. Glasier v …
|
| No. 41154 |
Minn. |
1968-11-01 |
Reversed
|
State v. Gerberding
|
|
… no, 378 U. S. 368 , 84 S. Ct. 1774 , 12 L. ed (2d) 908, defendant, by a writ of habeas corpus, sought to set aside his conviction on the ground that the procedure for determining the voluntariness of his confession followed at trial did not …
|
| 41285 |
Minn. |
1968-11-01 |
Dismissed
|
Chapman v. State
|
|
… 966, defendant petitioned the District Court of Washington County for a writ of habeas corpus alleging that his plea of guilty to the charge of murder in the second degree was improperly accepted because the presentence interrogation to whi …
|
| 40844 |
Minn. |
1968-10-04 |
Denied
|
State Ex Rel. Kons v. Tahash
|
|
… Otis, Justice. These habeas corpus proceedings seek to review a conviction for murder in the second degree based on an arraignment and plea of guilty entered on January 13, 1941, which resulted in a life sentence. The issues are: (1) Whethe …
|
| 40732 |
Minn. |
1968-09-13 |
Denied
|
State Ex Rel. Stangvik v. Tahash
|
|
… ears each. He appeals from an order of the district court discharging a writ of habeas corpus. There are three issues: (1) Whether it was error for the trial court to accept a plea of guilty in the light of relator’s commitment to a mental …
|
| 40808 |
Minn. |
1968-09-06 |
Affirmed
|
STATE EX REL. BEACH v. Tahash
|
|
… of the District Court of Washington County discharging a postconviction writ of habeas corpus issued in response to a petition raising as the sole issue his constitutional claim that court-appointed counsel gave him ineffective representati …
|