STATE EX REL. OTTERSTETTER v. McMANUS

No. 45894.

243 N.W.2d 730 (1976)

STATE of Minnesota ex rel. Harley OTTERSTETTER, Appellant, v. Bruce McMANUS, Warden, Minnesota State Prison, et al., Respondents.

Supreme Court of Minnesota.

June 4, 1976.


Attorney(s) appearing for the Case

James P. Cullen, Melvin B. Goldberg and Judith A. Harrigan, Legal Assistance to Minnesota Prisoners, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., James N. Bradford, Sp. Asst. Atty. Gen., Richard G. Mark, Asst. Sol. Gen., Thomas J. Foley, Sp. Asst. Atty. Gen., St. Paul, for respondents.

Heard before KELLY, MacLAUGHLIN and SCOTT, JJ., and considered and decided by the court en banc.


MacLAUGHLIN, Justice.

This is an appeal from an order of the district court discharging a writ of habeas corpus. The issue on appeal is whether, under the provisions of the Interstate Agreement on Detainers and the facts of this case, a penal sentence imposed by a foreign state, running concurrently with a prior Minnesota sentence, requires the return of the prisoner to the foreign state upon his release on parole in Minnesota. We hold that it does, and, therefore...

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