A08-927, State of Minnesota, ex rel. Brian Marlowe, petitioner, Appellant, vs. Joan Fabian, Commissioner of Corrections, Respondent.

State: Minnesota

Court: Court of Appeals

Docket No: A08-927

Case Date: 09/30/2008

Preview:STATE OF MINNESOTA IN COURT OF APPEALS A08-0927

State of Minnesota, ex rel. Brian Marlowe, petitioner, Appellant, vs. Joan Fabian, Commissioner of Corrections, Respondent.

Filed September 16, 2008 Reversed and remanded Toussaint, Chief Judge

Anoka County District Court File No. 02-CV-08-833

Lawrence Hammerling, Chief Appellate Public Defender, Richard A. Schmitz, Assistant Public Defender, 540 Fairview Avenue North, Suite 300, St. Paul, MN 55104 (for appellant) Lori Swanson, Attorney General, Ann K. Bloodhart, Assistant Attorney General, 1200 Bremer Tower, 445 Minnesota Street, St. Paul, MN 55101-2130 (for respondent)

Considered and decided by Toussaint, Chief Judge; Shumaker, Judge; and Stoneburner, Judge. SYLLABUS When an offender's release plan proves impossible to satisfy because the offender, through no fault of his or her own, is unable to find an approved residence, the department of corrections must consider a restructuring of the release plan to include

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