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MORRISSEY v. STATE

No. 41547.

174 N.W.2d 131 (1970)

John Bruce MORRISSEY, Appellant, v. STATE of Minnesota, Respondent.

Supreme Court of Minnesota.

January 16, 1970.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Robert E. Oliphant, Asst. Public Defender, Roberta K. Levy, Minneapolis, for appellant.

Douglas M. Head, Atty. Gen., Richard Kyle, Sol. Gen., St. Paul, George Scott, County Atty., Theodore Rix, Asst. County Atty., Minneapolis, for respondent.

Heard before KNUTSON, C. J., and NELSON, MURPHY, PETERSON, and FRANK T. GALLAGHER, JJ.

OPINION

MURPHY, Justice.

This is an appeal from an order of the district court dismissing a petition for postconviction relief. Petitioner contends that he is entitled to a hearing pursuant to the Postconviction Remedy Act, L.1967, c. 336, Minn.St. c. 590, notwithstanding the fact that his petition was filed subsequent to his discharge from custody. He states this to be the issue involved:

"Is one convicted...

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