Thompson v. Wood
This text of 272 N.W.2d 357 (Thompson 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.
Opinion
This is an appeal by petitioner, who is a prisoner at Stillwater, from an order of the district court denying a petition for habeas corpus on res judicata grounds. Our examination of the record indicates that the petitioner is seeking to relitigate issues which were decided against him in a previous ha-beas corpus proceeding. Petitioner failed to file a timely appeal from the order discharging the writ in that proceeding. In effect, petitioner is trying to cure the procedural defect by instituting this second proceeding. Our decisions forbid this. See, State ex rel. DuFault v. Utecht, 220 Minn. 431, 19 N.W.2d 706 (1945).
Affirmed.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
272 N.W.2d 357, 1978 Minn. LEXIS 1215, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-wood-minn-1978.