State, ex rel. Ford v. SchnellAnnotate this Case
The Supreme Court reversed the decision of the court of appeals vacating as moot the district court's order granting Antwone Ford's petition for a writ of habeas corpus and ordering the Department of Corrections either to approve housing for Ford or to modify the terms of his conditional release, holding that Ford's claims were justiciable and that Ford was entitled to the writ.
In his habeas petition, Ford asserted that the Commissioner of Corrections unlawfully extended his incarceration for sixteen months after his conditional release term began but failing to approve housing in a community in which he could be supervised. The court of appeals vacated the district court's order as moot. The Supreme Court reversed the court of appeals and reinstated the district court's order, holding that the Department's failure to abide by its internal policies and State ex rel. Marlowe v. Fabian, 755 N.W. 792 (Minn. App. 2008), kept Ford incarcerated for an extended period of time, and this petition for a writ of habeas corpus was an appropriate procedural remedy.