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KELSEY v. STATE EX REL. ERICKSON

No. C3-83-1660.

349 N.W.2d 613 (1984)

Dwight W. KELSEY, Appellant, v. STATE of Minnesota, ex rel. Robert ERICKSON, Warden, Respondent.

Court of Appeals of Minnesota.

June 19, 1984.

Attorney(s) appearing for the Case

Dwight W. Kelsey, pro se.

Hubert H. Humphrey, III, Atty. Gen., Richard L. Varco, Jr., Sp. Asst. Atty. Gen., St. Paul, Robert W. Kelly, County Atty., Stillwater, for respondent.

Considered and decided by POPOVICH, C.J., SEDGWICK and CRIPPEN, JJ., with oral argument waived.

OPINION

CRIPPEN, Judge.

This appeal is from a trial court order denying an evidentiary hearing to appellant on his petition for a writ of habeas corpus. Since 1971 appellant has been imprisoned at the State Correctional Facility, Stillwater, Minnesota. He claims conditions at the place of his confinement abridge his Eighth Amendment right against being subjected to cruel and unusual punishment.

The trial court decided appellant was not entitled to...

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