State Ex Rel. Allen v. Fabian

OPINION

TOUSSAINT, Chief Judge.

This is an expedited appeal from an order denying appellant Norman Allen’s petition for a writ of habeas corpus challenging his confinement following a revocation of his supervised release. Appellant argues that the district court erred in summarily denying the petition and appellant’s motion for reconsideration. We reverse and remand.

FACTS

Allen was convicted and sentenced in 1999 for third-degree criminal sexual conduct. According to an affidavit Allen submitted to the district court in support of his petition, this conviction was for having sexual intercourse…