[Download] "State Ex Rel. John Rocky Lacklineo V." by Supreme Court of Minnesota # eBook PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. John Rocky Lacklineo V.
- Author : Supreme Court of Minnesota
- Release Date : January 24, 1964
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
The district court denied petitioner's pro se application for a writ of without a hearing and he appeals. He perfected his appeal and filed a brief, and thereafter, upon his application averring indigence, counsel was appointed to assist him and to represent him upon oral argument before this court. The district court found that the allegations of the petition, when examined in the light of the record, did not establish any jurisdictional defects resulting in a denial of any substantial or constitutional rights guaranteed petitioner. In accordance with previously approved practice, 1 the court concluded that the petition and supporting documents did not establish probable cause of illegal detention and that therefore the petition should be denied without a hearing. Because the record in all significant respects establishes the defects alleged in the petition, an evidentiary hearing was unnecessary although such a hearing is now declared to be required usually in habeas proceedings in the Federal courts. 2