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STATE v. LINEHAN

No. 81-295.

311 N.W.2d 507 (1981)

STATE of Minnesota, Respondent, v. Dennis D. LINEHAN, Appellant.

Supreme Court of Minnesota.

October 30, 1981.

Attorney(s) appearing for the Case

Dennis D. Linehan, pro se.

Warren Spannaus, Atty. Gen., Richard L. Varco, Asst. Atty. Gen., St. Paul, Robert W. Kelly, County Atty., Stillwater, for respondent.

Considered and decided by the court en banc without oral argument.

ROGOSHESKE, Justice.*

This is an appeal from an order of the district court denying a petition for a writ of habeas corpus by Dennis D. Linehan, an inmate at Stillwater Prison, as the result of a 1965 judgment of conviction of kidnapping. We affirm.

We agree with the state and with the district court that we need not decide the propriety of the determination in 1972 to withdraw the decision to grant parole. It is clear that petitioner...

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