STATE EX REL. ALLEN v. FABIAN

No. C0-03-17.

658 N.W.2d 913 (2003)

STATE of Minnesota, ex rel. Norman Scott ALLEN, Petitioner, Appellant, v. Joan FABIAN, Commissioner of Corrections, Respondent.

Court of Appeals of Minnesota.

April 8, 2003.


Attorney(s) appearing for the Case

John M. Stuart, State Public Defender, Cathryn Middlebrook, Assistant State Public Defender, Minneapolis, MN, for appellant.

Mike Hatch, Attorney General, Kari Jo Ferguson, Assistant Attorney General, St. Paul, MN, for respondent.

Considered and decided by TOUSSAINT, Chief Judge, HARTEN, Judge, and HALBROOKS, Judge.


OPINION

TOUSSAINT, Chief Judge.

This is an expedited appeal from an order denying appellant Norman Allen's petition for a writ of habeas corpus challenging his confinement following a revocation of his supervised release. Appellant argues that the district court erred in summarily denying the petition and appellant's motion for reconsideration. We reverse and remand.

FACTS

Allen was convicted and sentenced in 1999 for third-degree criminal...

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