Hollie v. Jesson

• Decision Date: 15 September 2014
• Docket Number: A14-0314
• Parties: Shannon Hollie, petitioner, Appellant, v. Lucinda E. Jesson, Commissioner of Department of Human Services, et al., Respondents.
• Court: Minnesota Court of Appeals

Shannon Hollie, petitioner, Appellant,
v.
Lucinda E. Jesson, Commissioner of Department of Human Services, et al., Respondents.

A14-0314

STATE OF MINNESOTA IN COURT OF APPEALS

September 15, 2014

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2012).

Affirmed
Schellhas, Judge

Carlton County District Court
File No. 90-CV-13-2210

Shannon D. Hollie, Moose Lake, Minnesota (pro se appellant)

Lori Swanson, Attorney General, Anthony R. Noss, Assistant Attorney General, St. Paul, Minnesota (for respondents)

Considered and decided by Worke, Presiding Judge; Schellhas, Judge; and Rodenberg, Judge.

UNPUBLISHED OPINION

SCHELLHAS, Judge

Raising issues concerning conditional release and predatory-offender registration, appellant challenges the district court's summary denial of his habeas-corpus petition. We affirm.

Page 2

FACTS

In November 1989, appellant Shannon Hollie pleaded guilty to second- and third-degree criminal sexual conduct, and he received two concurrent sentences of 30 months' imprisonment. In September 1993, a jury found Hollie guilty of first-degree attempted murder and first-degree burglary, and he received a sentence of 240 months' imprisonment. Hollie challenged his 1993 conviction, arguing that his burglary conviction was not supported by sufficient evidence and that the district court erred by admitting prior-conviction evidence. This court affirmed in an order opinion. State v. Hollie, No. C5-93-2584 (Minn. App. Sept. 22, 1994). Hollie filed postconviction-relief petitions in January 2002, January 2006, and August 2007, and the district court denied each petition.

In February 2009, the district court indeterminately committed Hollie to the Minnesota Sex Offender Program (MSOP) as a Sexual Psychopathic Personality (SPP) and Sexually Dangerous Person (SDP). This court affirmed Hollie's commitment. In re Civil Commitment of Hollie, No. A09-0579, 2009 WL 2596071, at *1 (Minn. App. Aug. 25, 2009), review denied (Minn. Oct. 28, 2009), cert. denied, 560 U.S. 916 (2010).

In January 2010, Hollie filed a fourth postconviction-relief petition, arguing that his 1989 conviction was impermissibly considered as a factor in (1) "enhanc[ing]" his ten-year conditional-release period and (2) subjecting him to predatory-offender registration. The district court denied the petition, and this court affirmed in an order opinion. Hollie v. State, No. A10-1369 (Minn. App. Apr. 1, 2011), review denied (Minn. June 14, 2011).

Page 3

In October 2011, Hollie petitioned for a writ of habeas corpus in federal district court. The federal court construed the petition as challenging Hollie's 1989 and 1993 convictions and sentences, including a ten-year conditional-release term that "was part of [his] 1993 sentence." Hollie v. Jesson, CIV. 11-3147 PJS/JJG, 2011 WL 6122315, at *1-2 (D. Minn. Nov. 17, 2011), report and recommendation adopted, CIV. 11-3147 PJS/JJG, 2011 WL 6122306 (D. Minn. Dec. 8, 2011). Concerning Hollie's 1989 conviction and sentence and conditional-release challenge, the court denied Hollie relief on the basis that any "collateral consequence[]" that he might have been experiencing from that conviction and sentence "[did] not cause him to . . . be 'in custody' for his 1989 case for purposes of § 2254(a)." Id. at *3. Concerning Hollie's ten-year conditional-release term imposed in connection with his 1993 conviction and sentence, the court concluded that, if he had not yet completed the conditional-release term, for federal habeas purposes, he was still considered to be in custody for that case. Id. But the court summarily dismissed Hollie's petition without prejudice because it was his second federal habeas-corpus petition and he failed to seek pre-authorization from the Eighth...