Brown v. Litynski

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 assault victim, also the mother of two of his children, as a condition of probation. Brown admitted visiting the residence on March 30 (the day of…