Minnesota Statutes
Minn. Stat. § 589.14 (2026)
Sending Petitioner Back To Custody
✓ current as of May 2026
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The judge shall immediately send the petitioner back to the detaining authority if it appears that the petitioner is detained in custody:
(1) under process issued by a court or judge of the United States, in a case where the court or judge has exclusive jurisdiction;
(2) under final judgment of a competent court of civil or criminal jurisdiction, or under an execution issued upon a judgment of either of those courts; or
(3) for contempt of court, specially and plainly charged in the commitment, by a court having authority to commit for the contempt so charged.
The judge shall also immediately send the petitioner back to the detaining authority if it appears that the time during which the person may be legally detained has not expired.
Notes of Decisions
Cited in 3
cases, 1959–1987 · leading case: State v. Whitcomb, 399 N.W.2d 124 (Minn. Ct. App. 1987).
State v. Whitcomb, 399 N.W.2d 124 (Minn. Ct. App. 1987). “1 Minn.Stat. § 589.14, subd. 3 (Supp.1985) provides that when a writ of habeas corpus has been issued, a person shall be sent back to the detaining authority if it appears that the person is detained in custody “for contempt of court, specially and plainly charged in the…”
State Ex Rel. Lutz v. Rigg, 98 N.W.2d 243 (Minn. 1959). “Section 589.14 applies when a writ of habeas corpus has been issued and provides that the prisoner shall be remanded if it appears that the time during which such person may be legally detained has not expired (paragraph [4]).”
State ex rel. Linehan v. Wood, 394 N.W.2d 152 (Minn. Ct. App. 1986). “” Minn.Stat. § 589.14 (Supp.1985). 1. Respondents are correct that appellant’s petition for a writ of habeas corpus is somewhat “premature" because he is not entitled to immediate release from prison.”
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