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BROWN v. LITYNSKI

No. C4-88-1038.

425 N.W.2d 313 (1988)

Donald A. BROWN, Petitioner, v. Honorable Warren E. LITYNSKI, Judge of District Court, et al., Respondents.

Court of Appeals of Minnesota.

June 28, 1988.

Attorney(s) appearing for the Case

Leif P. Carlson, Winzenburg & Halverson, Mankato, for petitioner.

Willis Gustafson, Nicollet Co. Atty., St. Peter, for respondents.

Considered at Special Term and decided by WOZNIAK, C.J., and PARKER, and FORSBERG, JJ., without oral argument.

SPECIAL TERM OPINION

WOZNIAK, Chief Judge.

FACTS

Brown seeks a writ of habeas corpus from this court, claiming a condition of his probation for a misdemeanor assault conviction was unconstitutional. He has not first petitioned for relief in the district court because respondent Judge Litynski is the judge sitting in Nicollet County, and Brown claims such a petition would be futile. Judge Litynski had ordered him to stay away from the home of the...

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