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Thompson v. Wood

Supreme Court of Minnesota
Dec 8, 1978
272 N.W.2d 357 (Minn. 1978)
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Summary

holding that where petitioner raised issue in previous habeas case but failed to file timely appeal, he cannot cure procedural defect by instituting second habeas proceeding

Summary of this case from In Matter of Bailey
See 8 Summaries

Opinion

No. 48462.

December 8, 1978.

Appeal from the District Court, Washington County, Thomas G. Forsberg and John Thoreen, JJ.

T. Eugene Thompson, pro se.

Warren Spannaus, Atty. Gen., Thomas L. Fabel, Deputy Atty. Gen., Richard Evans, Sp. Asst. Atty. Gen., St. Paul, for respondent.

Considered and decided by the court without oral argument.

PER CURIAM.

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 habeas 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.

Summaries of

Thompson v. Wood

Supreme Court of Minnesota
Dec 8, 1978
272 N.W.2d 357 (Minn. 1978)

holding that where petitioner raised issue in previous habeas case but failed to file timely appeal, he cannot cure procedural defect by instituting second habeas proceeding

Summary of this case from In Matter of Bailey

holding petitioner, who had failed to file timely appeal from first order discharging writ of habeas corpus, may not relitigate issues in second petition

Summary of this case from NICHOLAISON v. DOTH

holding petitioner who failed to appeal from first order discharging petition for writ of habeas corpus may not cure procedural defect by second petition for habeas

Summary of this case from DUVALL v. DOTH

affirming denial of habeas petition where petitioner sought to relitigate issues previously decided against him

Summary of this case from Friend v. Piper

affirming a dismissal of a petition for habeas corpus seeking to relitigate issues decided against petitioner in a previous habeas corpus proceeding

Summary of this case from Shaw v. State

affirming denial of habeas petition on res judicata grounds, when petitioner sought to relitigate issues previously decided against him, when petitioner failed to file timely appeal from previous order, and when current petition merely attempted to cure that procedural defect

Summary of this case from Johnson v. Fabian

affirming denial of habeas petition on res judicata grounds, when petitioner sought to relitigate issues previously decided against him, he failed to file timely appeal from previous order, and current petition was merely attempt to cure that procedural defect

Summary of this case from Johnson v. Neisen

applying res judicata to bar subsequent habeas corpus claim

Summary of this case from Friend v. Harpstead
Case details for

Thompson v. Wood

Case Details

Full title:Tilmer Eugene THOMPSON, petitioner, Appellant, v. Frank W. WOOD, Warden…

Court:Supreme Court of Minnesota

Date published: Dec 8, 1978

Citations

272 N.W.2d 357 (Minn. 1978)

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