State ex rel. Flores v. Tahash
This text of 153 N.W.2d 343 (State ex rel. Flores v. Tahash) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Relator, appearing pro se, served a notice of appeal dated March 21, 1967, from 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 his motion for a change of venue to the District Court of Hennepin County, Minnesota. The result is that the grounds for reversal urged in this court by relator cannot be considered here for the simple reason that, so far as the record before us discloses, the district court has not acted upon relator’s petition.
Upon motion of the State of Minnesota, the appeal is dismissed as being premature. Relator can elect to either proceed in the District Court of Washington County where his petition for a writ of habeas corpus is now pending; or dismiss that petition and proceed under the Postconviction Remedy Act (Minn. St. 590.01 to 590.06) in Hennepin County where he was convicted.
Appeal dismissed.
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Cite This Page — Counsel Stack
153 N.W.2d 343, 278 Minn. 431, 1967 Minn. LEXIS 888, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-flores-v-tahash-minn-1967.