Evans v. Dist. Ct.

4 Citing cases

  1. Dreismeier v. Clements

    Civil Action No. 12-cv-00131-BNB (D. Colo. Jun. 15, 2012)

    In Colorado, filing the mittimus is jurisdictional. Evans v. Dist. Court, 572 P.2d 811, 813 (Colo. 1977). An improperly filed postconviction motion does not toll the limitations period.

  2. O'Neal v. State

    290 Neb. 943 (Neb. 2015)   Cited 7 times
    In O'Neal v. State, 290 Neb. 943, 951, 863 N.W.2d 162, 169 (2015), we held that "failure to attach a copy of the relevant commitment order to a petition for a writ of habeas corpus does not prevent a court from exercising jurisdiction over that petition."

    Moreover, most states with statutory requirements similar to § 29–2801 do not treat compliance with such requirements as jurisdictional. See, Nguyen v. State, 282 Ga. 483, 651 S.E.2d 681 (2007), overruled on other grounds, Brown v. Crawford, 289 Ga. 722, 715 S.E.2d 132 (2011); State ex rel. v. Adult Parole, 80 Ohio St.3d 639, 687 N.E.2d 761 (1998); People ex rel. Negron v. Herold, 33 A.D.2d 1076, 307 N.Y.S.2d 710 (1970); State ex rel. Hansen v. Utecht, 230 Minn. 579, 40 N.W.2d 441 (1950); State ex rel. Chase v. Calvird, 324 Mo. 429, 24 S.W.2d 111 (1930); In the Matter of Beard, 4 Ark. 9 (1842); In re Spates, No. 14–14–00524–CV, 2014 WL 3051311 (Tex.App. July 3, 2014) (unpublished). But see Evans v. Dist. Ct., 194 Colo. 299, 572 P.2d 811 (1977). Consequently, we conclude that the failure to attach a copy of the relevant commitment order to a petition for a writ of habeas corpus does not prevent a court from exercising jurisdiction over that petition.

  3. People v. Wiedemer

    852 P.2d 424 (Colo. 1993)   Cited 139 times
    Holding that statute's time limitations did "not violate the constitutional prohibition against suspending the right to the writ of habeas corpus"

    Furthermore, we have recognized that the legislature can prescribe the procedural mechanisms for the exercise of rights guaranteed by the constitutional habeas corpus provision and that it may also impose reasonable procedural requirements as conditions to the availability of habeas corpus relief. See Zaborski v. Colorado Dep't of Corrections, 812 P.2d 236, 237-38 (Colo. 1991) (recognizing need for compliance with provisions of Habeas Corpus Act in order to obtain habeas corpus remedy); Evans v. District Court, 194 Colo. 299, 302, 572 P.2d 811, 813 (1977) (same); Stilley v. Tinsley, 153 Colo. 66, 86-88, 385 P.2d 677, 688-89 (1963) (recognizing that statutes can impose procedural requirements on applications for habeas corpus); Wyse, 180 Colo. at 92, 503 P.2d at 156 ("Although the privilege of the writ of habeas corpus is constitutionally guaranteed, the procedural mechanism for its exercise may change.").

  4. MARSHALL v. KORT

    690 P.2d 219 (Colo. 1984)   Cited 19 times
    Recognizing that a committed defendant may have a right to treatment

    Venue in habeas corpus cases is properly laid, in accordance with C.R.C.P. 98(b)(2), in the county where the action complained of took place. Evans v. District Court, 194 Colo. 299, 572 P.2d 811, 814 (1977). To the extent that Brisbin v. Schauer, 176 Colo. 550, 492 P.2d 835 (1971) may require a different result in criminal commitment cases, we overrule that decision.