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State ex Rel. Cable v. Tahash

Supreme Court of Minnesota
Jul 14, 1967
152 N.W.2d 308 (Minn. 1967)

Opinion

No. 40,453.

July 14, 1967.

Criminal law — postconviction habeas corpus — denial of petition without hearing.

Appeal by Richard M. Cable from an order of the Washington County District Court, Leonard Keyes, Judge, denying his petition for a writ of habeas corpus. Reversed and remanded.

C. Paul Jones, State Public Defender, and Ronald L. Haskvitz, Assistant State Public Defender, for appellant.

Douglas M. Head, Attorney General, Gerard W. Snell, Acting Solicitor General, and David C. Weinberg, Special Assistant Attorney General, for respondent, warden of State Prison.


Applying the rules established in State ex rel. Roy v. Tahash, 277 Minn. 238, 152 N.W.2d 301, the petition appears to sufficiently allege some facts which, if proved, would entitle petitioner to relief, thus precluding a summary disposition. The decision of the trial court must, therefore, be reversed and the case remanded for further proceedings in accordance with our supervening postconviction-remedy statute, Minn. St. 590.01, et seq.

Reversed and remanded.


Summaries of

State ex Rel. Cable v. Tahash

Supreme Court of Minnesota
Jul 14, 1967
152 N.W.2d 308 (Minn. 1967)
Case details for

State ex Rel. Cable v. Tahash

Case Details

Full title:STATE EX REL. RICHARD M. CABLE v. RALPH H. TAHASH

Court:Supreme Court of Minnesota

Date published: Jul 14, 1967

Citations

152 N.W.2d 308 (Minn. 1967)
277 Minn. 503

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