State Ex Rel. Linehan v. Wood

Supreme Court of Minnesota

State Ex Rel. Linehan v. Wood

397 N.W.2d 341, 1986 Minn. LEXIS 918

CourtSupreme Court of Minnesota

DecidedDecember 19, 1986

DocketC9-86-334

StatusPublished

Cited by4 cases

This text of 397 N.W.2d 341 (State Ex Rel. Linehan v. Wood) 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. Linehan v. Wood, 397 N.W.2d 341, 1986 Minn. LEXIS 918 (Mich. 1986).

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Opinion

AMDAHL, Chief Justice.

We granted the state’s petition for review in order to decide whether the Court of Appeals erred in awarding a prisoner, Dennis Darol Linehan, credit against his Minnesota sentence for time spent in prison in Michigan for a Michigan offense that Linehan committed after escaping from prison in Minnesota. We reverse the Court of Appeals and reinstate the decision of the trial court.

Linehan pleaded guilty in 1965 to kidnapping. The charge was based on Linehan’s taking a 14-year-old girl from her home for the purpose of raping her. During the course of that crime, Linehan strangled the girl, causing her death. Linehan was sentenced to a 40-year prison term, with a scheduled expiration date of October 28, 1992. In 1975 Linehan escaped from Still-water and went to Michigan, where he was convicted of attempting to rape a 12-year-old girl and was sentenced to a concurrent term of 6½ to 10 years. Minnesota authorities declined to extradite Linehan and try him for escape but did file a detainer. In 1980, after completing his Michigan term, Linehan was returned to Minnesota to finish his Minnesota sentence, now with a scheduled expiration date that was revised upward to take account of the time between his escape from and return to prison in Minnesota.

In 1985 Linehan petitioned for habeas corpus seeking credit against his Minnesota sentence for time served in prison in Michigan. The trial court denied the petition, relying on State v. Willis, 376 N.W.2d 427 (Minn.1985); State v. Brown, 348 N.W.2d 743 (Minn.1984); and State v. Bentley, 329 N.W.2d 39 (Minn.1983).

The Court of Appeals, in a 2-1 decision, reversed, relying primarily on State v. Dulski, 363 N.W.2d 307 (Minn.1985). State ex rel. Linehan v. Wood, 394 N.W.2d 152 (Minn.App.1986). The dissent argued that the cases relied upon by the trial court controlled. 394 N.W.2d at 155-56.

We believe that the trial court was correct in concluding that under Willis, Brown and Bentley, Linehan is not entitled to credit for time spent in prison in Michigan.

Reversed and decision of trial court reinstated.

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AMDAHL, Chief Justice.

We granted the state’s petition for review in order to decide whether the Court of Appeals erred in awarding a prisoner, Dennis Darol Linehan, credit against his Minnesota sentence for time spent in prison in Michigan for a Michigan offense that Linehan committed after escaping from prison in Minnesota. We reverse the Court of Appeals and reinstate the decision of the trial court.

Linehan pleaded guilty in 1965 to kidnapping. The charge was based on Linehan’s taking a 14-year-old girl from her home for the purpose of raping her. During the course of that crime, Linehan strangled the girl, causing her death. Linehan was sentenced to a 40-year prison term, with a scheduled expiration date of October 28, 1992. In 1975 Linehan escaped from Still-water and went to Michigan, where he was convicted of attempting to rape a 12-year-old girl and was sentenced to a concurrent term of 6½ to 10 years. Minnesota authorities declined to extradite Linehan and try him for escape but did file a detainer. In 1980, after completing his Michigan term, Linehan was returned to Minnesota to finish his Minnesota sentence, now with a scheduled expiration date that was revised upward to take account of the time between his escape from and return to prison in Minnesota.

In 1985 Linehan petitioned for habeas corpus seeking credit against his Minnesota sentence for time served in prison in Michigan. The trial court denied the petition, relying on State v. Willis, 376 N.W.2d 427 (Minn.1985); State v. Brown, 348 N.W.2d 743 (Minn.1984); and State v. Bentley, 329 N.W.2d 39 (Minn.1983).

The Court of Appeals, in a 2-1 decision, reversed, relying primarily on State v. Dulski, 363 N.W.2d 307 (Minn.1985). State ex rel. Linehan v. Wood, 394 N.W.2d 152 (Minn.App.1986). The dissent argued that the cases relied upon by the trial court controlled. 394 N.W.2d at 155-56.

We believe that the trial court was correct in concluding that under Willis, Brown and Bentley, Linehan is not entitled to credit for time spent in prison in Michigan.

Reversed and decision of trial court reinstated.

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397 N.W.2d 341, 1986 Minn. LEXIS 918, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-linehan-v-wood-minn-1986.

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