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State ex rel Allen v. Fabian

April 08, 2003

STATE OF MINNESOTA, EX REL.
NORMAN SCOTT ALLEN, PETITIONER, APPELLANT,
v.
JOAN FABIAN, COMMISSIONER OF CORRECTIONS, RESPONDENT.



Anoka County District Court File No.C70210321

Considered and decided by Toussaint, Chief Judge, Harten, Judge, and Halbrooks, Judge.

SYLLABUS BY THE COURT

A petition for a writ of habeas corpus challenging the revocation of a petitioner's supervised release need not be accompanied by copies of the sentencing and arraignment transcripts in order to comply with Minn. Stat. §á589.04.

The opinion of the court was delivered by: Toussaint, Chief Judge

Reversed and remanded

OPINION

This is an expedited appeal from an order denying appellant Norman Allen's petition for a writ of habeas corpus challenging his confinement following a revocation of his supervised release. Appellant argues that the district court erred in summarily denying the petition and appellant's motion for reconsideration. We reverse and remand.

FACTS

Allen was convicted and sentenced in 1999 for third-degree criminal sexual conduct. According to an affidavit Allen submitted to the district court in support of his petition, this conviction was for having sexual intercourse with the teenage daughter of Allen's girlfriend. Allen was originally released from prison on supervised release on March 7, 2000. Allen states that he was not prohibited at that time from having access to a computer or to the Internet. After his first revocation and a return to prison, Allen was released from prison again on February 14, 2002. A special condition was added to his release that prohibited him from owning or operating a computer with Internet-access capabilities or from accessing the Internet without his probation officer's approval.

After Allen purchased a cellular phone with Internet capabilities, Allen's probation officer initiated proceedings to revoke his supervised release. Following a hearing, the Department of Corrections Hearing Officer revoked Allen's supervised release and assigned him 365 days in prison. The hearing officer also ordered that Allen complete a sex-offender treatment program in prison before he could be released.

About seven months later, Allen filed a petition for a writ of habeas corpus, claiming that the no-Internet-access condition was not reasonably related to his offense and unduly restricted his liberty. Allen alleged that this finding "contributed to" the Department of Correction's decision to revoke his supervised release. Allen also complained that the sex offender treatment program at Lino Lakes could not be completed within the 365 days he was ordered to serve.

The district court summarily denied Allen's petition before respondent had filed a reply, citing Allen's failure to provide a transcript of the proceedings leading to his criminal conviction. Allen then filed a motion to reconsider, which the district court denied on the grounds that Allen had not sought the court's permission to file the motion. See Minn. R. Gen. Pract. 115.11 (providing that motions to reconsider are prohibited except by express permission of the court, which is to be sought only by letter). This appeal followed.

ISSUE

Was appellant required to file a copy of his arraignment and sentencing transcripts with his petition ...


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