State ex rel. Kier v. Tahash

Supreme Court of Minnesota

State ex rel. Kier v. Tahash

146 N.W.2d 611, 275 Minn. 560, 1966 Minn. LEXIS 787

CourtSupreme Court of Minnesota

DecidedNovember 25, 1966

DocketNo. 40,356

StatusPublished

Cited by2 cases

This text of 146 N.W.2d 611 (State ex rel. Kier 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.

Bluebook

State ex rel. Kier v. Tahash, 146 N.W.2d 611, 275 Minn. 560, 1966 Minn. LEXIS 787 (Mich. 1966).

Pincite

Opinion

Per Curiam.

Appeal from an order of the District Court of Washington County dismissing a petition for a writ of habeas corpus without a hearing.

We are unable to give the matter proper consideration because of the inadequacy of the record, a situation probably due to the fact that petitioner was not represented by counsel in the district court habeas corpus proceedings. He now has retained an attorney who asserts in this court that facts exist, though not of record, which warrant relief.

Under these circumstances, we have concluded that the best disposition of this case is to remand it to the district court so that petitioner, with the aid of his attorney, can redraft the petition and assert whatever legal grounds he may have for relief. We are confident that the district court will carefully examine the petition as redrafted and, if it justifies such action, afford petitioner a full hearing wherein he can present evidence in support of his claims. State ex rel. Dinneen v. Tahash, 272 Minn. 7, 136 N. W. (2d) 847; State v. DeCloux, 272 Minn. 94, 136 N. W. (2d) 657; State ex rel. Smith v. Tahash, 272 Minn. 168, 136 N. W. (2d) 617.

Remanded.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

Appeal from an order of the District Court of Washington County dismissing a petition for a writ of habeas corpus without a hearing.

We are unable to give the matter proper consideration because of the inadequacy of the record, a situation probably due to the fact that petitioner was not represented by counsel in the district court habeas corpus proceedings. He now has retained an attorney who asserts in this court that facts exist, though not of record, which warrant relief.

Under these circumstances, we have concluded that the best disposition of this case is to remand it to the district court so that petitioner, with the aid of his attorney, can redraft the petition and assert whatever legal grounds he may have for relief. We are confident that the district court will carefully examine the petition as redrafted and, if it justifies such action, afford petitioner a full hearing wherein he can present evidence in support of his claims. State ex rel. Dinneen v. Tahash, 272 Minn. 7, 136 N. W. (2d) 847; State v. DeCloux, 272 Minn. 94, 136 N. W. (2d) 657; State ex rel. Smith v. Tahash, 272 Minn. 168, 136 N. W. (2d) 617.

Remanded.

Cite This Page — Counsel Stack

Bluebook (online)

146 N.W.2d 611, 275 Minn. 560, 1966 Minn. LEXIS 787, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-kier-v-tahash-minn-1966.

Opinion

Related

Cite This Page — Counsel Stack