Kelsey v. State ex rel. Erickson
Kelsey v. State ex rel. Erickson
Opinion of the Court
This is a pro se appeal from an order of the Washington County District Court denying, after hearing, three pro se petitions for a writ of habeas corpus filed by petitioner, who is serving a 20-year prison term for attempted first-degree murder.
Petitioner’s main contention is that he has been and is being mistreated and that this mistreatment amounts to cruel and unusual punishment entitling him to habeas corpus. Habeas corpus would be an appropriate remedy if petitioner could establish present and continuing mistreatment amounting to cruel and unusual punishment. State ex rel. Crosby v. Wood, 265 N.W.2d 638 (Minn. 1978). Our examination of the record satisfies us that the district court properly concluded that petitioner failed to establish this. Indeed, the record contains evidence that petitioner has been receiving adequate treatment, medical and otherwise. Moreover, he has resisted working because of his physical complaints.
Petitioner also contends that the recent amendment to the Posteonviction Remedy Act allowing persons convicted of offenses occurring before May -1, 1980, to petition for resentencing according to the Minnesota Sentencing Guidelines
The district court’s order did not address petitioner’s claim that petitioner had been wrongly denied credit for time spent in jail while awaiting disposition of the charge for which he is now imprisoned. The state does not deny that petitioner is entitled to have jail time credited against his prison term, State v. Hardimon, 310 N.W.2d 564 (Minn. 1981). Petitioner is entitled to have jail time while awaiting disposition of charges against him credited against his prison term. If there is any dispute concerning the duration of such a credit, presumably that can be resolved administratively.
Petitioner’s other arguments do not merit discussion.
Affirmed.
. Petitioner has sought relief in this court and in other courts on a number of previous occasions, many of them summarized in Kelsey v. State, 283 N.W.2d 892, 893, n.1 (Minn. 1979).
. Act of June 1, 1981, c. 366, § 1, 1981 Minn. Laws 2355, 2356. That amendment allows for resentencing according to the Guidelines if the petitioner can establish that his early release under the sentence would not present a danger to the public and would not be incompatible with the welfare of society.
Reference
- Full Case Name
- Dwight W. KELSEY v. STATE of Minnesota, State ex rel. Robert ERICKSON, Warden, etc.
- Status
- Published