| 41128 |
Minn. |
1968-09-06 |
Granted
|
State v. Gaulke
|
|
… cNish, his court-appointed attorney petitioned the district court for a writ of habeas corpus. The petition was based upon defendant’s *329 claim that the second prosecution was barred by Minn. St. 609.035. The relief sought was denied. On …
|
| 40630 |
Minn. |
1968-09-06 |
Denied
|
State Ex Rel. Knott v. Tahash
|
|
… s in prison. On August 16, 1966, he petitioned the district court for a writ of habeas corpus to review his conviction. This appeal is from an order discharging the writ. The issues raised are as follows: (1) The propriety of the trial cour …
|
| 41039 |
Minn. |
1968-08-23 |
Denied
|
State Ex Rel. Bush v. Tahash
|
|
… ran, Justice. Appeal from an order of the district court denying a petition for habeas corpus. Relator was convicted of the crime of manslaughter in the first degree on March 14,1963. In proceedings instituted to contest the constitutional …
|
| No. 41,025 |
Minn. |
1968-08-02 |
Denied
|
State ex rel. Haas v. Tahash
|
|
… agher, Justice. Appeal from an order denying defendant’s petition for a writ of habeas corpus. On March 13, 1964, defendant pleaded guilty to the crimes of burglary, escape, and aggravated assault. The burglary and assault occurred on Janua …
|
| 41018 |
Minn. |
1968-07-26 |
Granted
|
Tureson v. Tureson
|
|
… o Hildred Tureson custody of her minor children after she had secured a writ of habeas corpus for the purpose of obtaining such custody from appellants, Allen Tureson, Eddie Tureson, and Elaine Tureson. Captain Allen Tureson and Hildred Tur …
|
| 40941 |
Minn. |
1968-07-19 |
Denied
|
State Ex Rel. Kopetka v. Tahash
|
|
… Nelson, Justice. This is an appeal from an order discharging a writ of habeas corpus. The background facts of this case are set out in State v. Kopetka, 265 Minn. 371 , 121 N. W. (2d) 783 , as follows: “* * * The defendant, Charles T. Kopet …
|
| 40980 |
Minn. |
1968-06-28 |
Stayed
|
State Ex Rel. Sargent v. Tahash
|
|
… Murphy, Justice. This is an appeal from an order discharging a writ of habeas corpus. At the time defendant petitioned for the writ, he was in custody of the state pursuant to a sentence on a prosecution for child abandonment. Minn. St. 196 …
|
| Nos. 40,313, 40,622 |
Minn. |
1968-06-21 |
Dismissed
|
State v. Fox
|
|
… St. 609.625. He appeals from the conviction and from an order denying a writ of habeas corpus. Because defendant was unconditionally discharged by the Adult Corrections Commission on December 22, 1966, the appeal from the order denying his …
|
| 39126, 40616 |
Minn. |
1968-06-07 |
Denied
|
State v. LaJeunesse
|
|
… ed 20 years. These are consolidated appeals from an order discharging a writ of habeas corpus arising out of the robbery conviction and from the judgments of conviction for the crimes of assault and unauthorized use of a motor vehicle. The …
|
| No. 40,748 |
Minn. |
1968-06-07 |
Denied
|
Munkelwitz v. Hennepin County Welfare Department
|
|
… e court felt obliged to deny the petition. In Jenswold a natural parent brought habeas corpus proceedings to regain custody of her child. For the purpose of perfecting an appeal, the mother secured an order from the district court requiring …
|
| 40748 |
Minn. |
1968-06-05 |
Denied
|
In Re Karren
|
|
… e court felt obliged to deny the petition. In Jenswold a natural parent brought habeas corpus proceedings to regain custody of her child. For the purpose of perfecting an appeal, the mother secured an order from the district court requiring …
|
| 40853 |
Minn. |
1968-05-24 |
Vacated
|
State v. Holscher
|
|
… ing and beyond a reasonable doubt. 3 On January 10, 1963, defendant commenced a habeas corpus proceeding in Washington County District Court, and the petition was thereafter denied. He then moved in Hennepin County District Court to vacate …
|
| 40952, 40953 |
Minn. |
1968-05-17 |
Denied
|
Curtiss v. Hagen
|
|
… 1966, the Hagens petitioned the District Court of Chippewa County for a writ of habeas corpus ordering the Curtisses to produce the child at a hearing for the determination of his custody. The writ was granted and consolidated for trial wit …
|
| No. 40,809 |
Minn. |
1968-05-17 |
Denied
|
State ex rel. White v. Tahash
|
|
… Per Curiam. Appeal from an order denying petitioner’s application for a writ of habeas corpus. On January 14, 1963, petitioner was sentenced to imprisonment for a term not to exceed 15 years upon his conviction after a plea of guilty to *55 …
|
| 40821 |
Minn. |
1968-04-26 |
Stayed
|
State Ex Rel. Lillemoe v. Tahash
|
|
… Rogosheske, Justice. A writ of habeas corpus issued on defendant’s petition was discharged after a hearing, and he appeals. The question presented is whether the term of defendant’s imprisonment under two separate 5-year sentences has expir …
|
| 40314, 40615 |
Minn. |
1968-04-19 |
Denied
|
State v. Richardson
|
|
… conviction in Beltrami County (40,314) and from an order discharging a writ of habeas corpus in Washington County (40,615). On September 14, 1965, petitioner was sentenced to not more than 5 years’ imprisonment following his conviction aft …
|
| No. 40,555 |
Minn. |
1968-04-19 |
Granted
|
State ex rel. Prettyman v. Tahash
|
|
… Per Curiam. This is an appeal from an order discharging a writ of habeas corpus issued upon defendant’s application in postconviction proceedings. Defendant, on December 10, 1963, entered a plea of guilty to an information charging him with …
|
| 40679 |
Minn. |
1968-04-19 |
Denied
|
State Ex Rel. Black v. Tahash
|
|
… agher, Justice. Appeal from an order of the district court dismissing a writ of habeas corpus. Relator, Billy Joe Black, was charged by information with the crime of aggravated robbery. He retained counsel to defend him against this charge. …
|
| 41145 |
Minn. |
1968-03-29 |
Dismissed
|
State Ex Rel. Brown v. Hedman
|
|
… , Chief Justice. This is an appeal from an order denying a petition for writ of habeas corpus in an extradition proceeding. On May 23, 1967, relator was taken into custody by Burnsville, *70 Minnesota, officers pursuant to a traffic warrant …
|
| No. 40,773 |
Minn. |
1968-03-22 |
Affirmed
|
State ex rel. Bruno v. Tahash
|
|
… uestion for decision on this appeal from the denial of a petition for a writ of habeas corpus is whether time spent subsequent to parole revocations in the custody of local police authorities on charges of crimes should be credited toward t …
|
| No. 40,480 |
Minn. |
1968-03-08 |
Denied
|
State ex rel. Gray v. Tahash
|
|
… Rogosheske, Justice. Appeal from a denial of a writ of habeas corpus after an evidentiary hearing. On January 16, 1963, petitioner was convicted upon a plea of guilty of murder in the second degree reduced by information following an indict …
|
| 40712 |
Minn. |
1968-03-01 |
Granted
|
State Ex Rel. Turner v. Tahash
|
|
… from an order of the District Court of Washington County discharging a writ of habeas corpus. An information was filed on April 6, 1965, in St. Louis County District Court charging defendant with indecent assault in violation of Minn. St. …
|
| 40896 |
Minn. |
1968-02-23 |
Dismissed
|
State Ex Rel. Simonson v. Tahash
|
|
… eran, Justice. Appeal from an order of the district court discharging a writ of habeas corpus. On April 29, 1959, defendant pleaded guilty to the charge of robbery in the first degree (Minn. St. 1961, § 619.42, now superseded by Minn. St. 6 …
|
| No. 41,041 |
Minn. |
1968-02-16 |
Denied
|
State ex rel. Cole v. Tahash
|
|
… e ex rel. Cole v. Tahash, 269 Minn. 1 , 129 N. W. (2d) 903 , making the writ of habeas corpus available to petitioner to test his claims that he has been subjected to cruel and unusual punishment during incarceration, he has filed numerous …
|
| 40810 |
Minn. |
1968-02-09 |
Denied
|
State Ex Rel. Gray v. Tahash
|
|
… Rogosheske, Justice. Appeal from an order discharging a writ of habeas corpus. On March 27, 1941, petitioner was sentenced to life imprisonment following his conviction after a plea of guilty to an indictment charging him with the crime of …
|
| 40513 |
Minn. |
1968-02-02 |
Vacated
|
State v. Borough
|
|
… nia, 386 U. S. 738 , 87 S. Ct. 1396 , 18 L. ed. (2d) 493. Anders arose out of a habeas corpus proceeding following an appeal in which court-appointed counsel, after a study of a record actually made, had concluded that the appeal was withou …
|
| No. 40,945 |
Minn. |
1968-01-12 |
Denied
|
State ex rel. Hauck v. Tahash
|
|
… ice. This is an appeal from an order denying defendant’s petition for a writ of habeas corpus. Defendant was convicted of burglary on April 7, 1966. He was sentenced to the custody of the commissioner of corrections for imprisonment accordi …
|
| 40504 |
Minn. |
1967-12-08 |
Modified
|
State Ex Rel. Boswell v. Tahash
|
|
… ' Nelson, Justice. Appeal from an order discharging a writ of habeas corpus. A criminal complaint was filed in municipal court, village of Mahnomen, April 18, 1959, charging defendant-appellant, Russell A. Boswell, with the crime of assault …
|
| 40631 |
Minn. |
1967-12-01 |
Granted
|
State Ex Rel. Halverson v. Young
|
|
… an appeal from an order of the district court denying a petition for a writ of habeas corpus by defendant, who is now serving a sentence for the crime of burglary. When sentence was originally imposed, the court granted probation on condit …
|
| 40621 |
Minn. |
1967-11-24 |
Denied
|
State Ex Rel. Drysdale v. Tahash
|
|
… , Justice. Appeal from an order entered October 27, 1966, discharging a writ of habeas corpus. It appears from the record that relator, hereinafter referred to as defendant, was arrested on March 23, 1961, on a charge of drunkenness. Two we …
|
| 40567 |
Minn. |
1967-11-24 |
Denied
|
State Ex Rel. Ford v. Tahash
|
|
… am. This is an appeal from an order of the district court discharging a writ of habeas corpus. Defendant was sentenced to a term of 5 years on a plea of guilty to an information charging him with theft by false representation in passing wor …
|
| 40545 |
Minn. |
1967-11-10 |
Denied
|
State Ex Rel. Schuler v. Tahash
|
|
… te Penitentiary, where he is still confined. 1 Relator petitioned for a writ of habeas corpus on May 5, 1966, — 26 years after his conviction — on the ground that his plea of guilty was improvidently made and accepted. His plea of guilty, r …
|
| 40806 |
Minn. |
1967-11-03 |
Denied
|
STATE EX REL. SANDEN v. Lund
|
|
… to the State Security Hospital at St. Peter, Minnesota. Relator’s petition for habeas corpus was denied and this appeal followed. The petition raised many claims of inaccuracy in the transcript of the original proceedings in Hennepin Count …
|
| 39893 |
Minn. |
1967-10-27 |
Denied
|
Peterson v. Peterson
|
|
… on, and who had been sentenced to 1 month in jail plus a fine of $25, brought a habeas corpus proceeding, claiming that his commitment was contrary to the Minnesota Constitution’s guarantee of a jury trial. This court rejected his claim on …
|
| 40458 |
Minn. |
1967-10-06 |
Stayed
|
State v. Jensen
|
|
… enever the point is raised. See, Kibert v. Peyton (W. D. Va.) 262 F. Supp. 694 (habeas corpus — denied petition, however, as defendant did riot offer'evidence sufficient to show he was incompetent to stand trial); Thursby v. State (Me.) 223 …
|
| No. 40,835 |
Minn. |
1967-10-06 |
Dismissed
|
State ex rel. Flores v. Tahash
|
|
… rom an order of the district court made in response to a petition for a writ of habeas corpus. The order from which the appeal is taken does not constitute a denial of the petition and, in so far as it is adverse to relator, merely rejects …
|
| 40219 |
Minn. |
1967-09-29 |
Dismissed
|
State Ex Rel. Dugal v. Tahash
|
|
… tentiary. Reiator petitioned the Washington County District Court for a writ of habeas corpus on the grounds that (1) the trial court erred in ruling that the prosecutrix was competent to testify as a witness even though she was not capable …
|
| 40508 |
Minn. |
1967-09-15 |
Granted
|
State Ex Rel. Terry v. Tahash
|
|
… dings. Relator petitioned the District Court of Washington County for a writ of habeas corpus on April 14, 1966, on two grounds: (1) The trial court improperly accepted his plea of guilty due to his inability to relate to that court materia …
|
| 40360 |
Minn. |
1967-09-15 |
Denied
|
State Ex Rel. Napiwoski v. Tahash
|
|
… al from an order of the district court denying relator’s petition for a writ of habeas corpus without a hearing. On February 17, Í964, an indictment was filed against relator charging him with aggravated robbery contrary to Minn. St. 609.24 …
|
| 40533 |
Minn. |
1967-09-08 |
Denied
|
State Ex Rel. Meldahl v. Tahash
|
|
… 966, relator filed a petition in Washington County District Court for a writ of habeas corpus. In an order issued July 26 the court denied the petition without a hearing thereon. An August 17, 1966, relator appealed to this court from that …
|
| No. 40,811 |
Minn. |
1967-09-08 |
Denied
|
State ex rel. Kier v. Tahash
|
|
… Per Curiam. Appeal from a district court order denying a petition for habeas corpus. Relator is confined in the State Prison pursuant to his August 3, 1965, conviction upon a plea of guilty to an indictment charging criminal negligence resu …
|
| 40811 |
Minn. |
1967-09-08 |
Denied
|
State v. Tahash
|
|
… . OPINION PER CURIAM. Appeal from a district court order denying a petition for habeas corpus. Relator is confined in the State Prison pursuant to his August 3, 1965, conviction upon a plea of guilty to an indictment charging criminal negli …
|
| No. 40,196 |
Minn. |
1967-09-08 |
Denied
|
State ex rel. Crosby v. Tahash
|
|
… al from an order of the district court denying relator’s petition for a writ of habeas corpus. Relator is an inmate of the State Prison at Stillwater. On November 16, 1965, he petitioned the Washington County District Court for a writ of ha …
|
| 40224 |
Minn. |
1967-08-25 |
Granted
|
State Ex Rel. Hershenhorn v. Tahash
|
|
… r of the District Court of Washington County *451 granting petitioner a writ of habeas corpus. In granting the writ, that court stated: “The procedure followed by the trial court in determining the voluntariness of the confession offered in …
|
| 40687 |
Minn. |
1967-08-18 |
Remanded
|
State Ex Rel. Waslie v. Waslie
|
|
… ts of Michael, born December 13, 1950, in which they applied for a writ of *447 habeas corpus directing the grandmother, Alice Waslie.; to yield custody. The trial judge found that the best interests of the child required that the custody b …
|
| 40673 |
Minn. |
1967-08-11 |
Denied
|
State Ex Rel. Hartmann v. Lund
|
|
… order of the District Court of Nicollet County entered November 21, 1966, in a habeas corpus proceeding instituted in behalf of relator, John J. Hartmann, a patient in the hospital. The order appealed from directed that respondent release …
|
| 40566 |
Minn. |
1967-08-11 |
Affirmed
|
State Ex Rel. Oney v. Tahash
|
|
… an indeterminate term according to law. Two grounds are asserted by relator in habeas corpus attack upon the judgment of conviction — (1) that his plea of guilty was improperly accepted by the trial court, particularly in view of his evasi …
|
| No. 40,248 |
Minn. |
1967-08-04 |
Reversed
|
State ex rel. Riggers v. Tahash
|
|
… District Court of Washington County denying appellant’s petition for a writ of habeas corpus without a hearing. Applying the rules established in State ex rel. Roy v. Tahash, 277 Minn. 238 , 152 N. W. (2d) 301 , the petition appears to suf …
|
| 40707 |
Minn. |
1967-07-28 |
Granted
|
State Ex Rel. Webber v. Tahash
|
|
… District Court of Washington County granting defendant’s petition for a writ of habeas corpus for the purpose of giving defendant a new arraignment and trial. Defendant was charged by information on October 9, 1964, with having committed th …
|
| 40797 |
Minn. |
1967-07-28 |
Denied
|
State Ex Rel. Mastrian v. Tahash
|
|
… May 17, 1967, petitioned the District Court of Washington County for a writ of habeas corpus, demanding his immediate release from imprisonment on the ground that the extraordinary delay in completion of the trial transcript violated his r …
|