X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Submitted: June 9, 2009

Before SMITH, and SHEPHERD, Circuit Judges, and LIMBAUGH,*fn1 District Judge.

A Minnesota trial court ordered that Wallace James Beaulieu be civilly committed as a sexually psychopathic personality (SPP) and a sexually dangerous person (SDP). Beaulieu’s attorney appealed the commitment order after the appeals deadline had passed, and the Minnesota Court of Appeals dismissed the appeal as untimely. Beaulieu filed a petition for a writ of habeas corpus, arguing that the State of Minnesota (“State”) lacked subject matter jurisdiction to enforce its civil commitment statutes on an Indian reservation. The district court*fn2 dismissed Beaulieu’s petition. On appeal, Beaulieu argues that his subject matter jurisdiction claim is not subject to procedural default and that his attorney’s failure to file a timely appeal constitutes cause for any procedural default and resulted in actual prejudice. We reject Beaulieu’s arguments and affirm the judgment of the district court.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

African Legal Awards (AFLA) 2022

September 02, 2022
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More

China Law & Practice Awards (CLPA) 2022

September 08, 2022
Beijing

The annual China Law & Practice Awards is the jurisdiction's most prestigious legal awards ceremony that applauds China's elite.


Learn More

Texas Legal Awards (TXLA) 2022

September 14, 2022
Dallas, TX

The Texas Lawyer honors attorneys and judges who have made a remarkable difference in the legal profession in Texas.


Learn More

Personal Injury Attorney


Monge & Associates is recognized as a Top Places to Work and One of the Most Influential Law Firms in America. We offer flexible remote ...


Apply Now ›

Litigation Associate


A well-respected regional law firm that has represented businesses in Tampa Bay for decades is seeking a commercial litigation associate to ...


Apply Now ›

ATTORNEY-Philadelphia-Conshohocken-PA


Casualty Defense/Subrogation - commercial lines. Experienced. Flexible with remote working. Great hands-on complex litigation opportunity, g...


Apply Now ›

DEASEY, MAHONEY & VALENTINI, LTD.

08/08/2022
TLI Web

DEASEY MAHONEY & VALENTINI LTD is proud to announce that Lauren M. Steins and Leanna B. Ruotanen have been named Partners of the firm.


View Announcement ›

PARRETT, PORTO, PARESE & COLWELL, P.C.

08/08/2022
CLT Web

Parrett, Porto, Parese & Colwell, P.C. welcomes attorneys Alison L. Broad and Andrew I. Schaffer as principals of the firm.


View Announcement ›

MARSHALL DENNEHEY

08/04/2022
TLI Web

Marshall Dennehey Warner Coleman & Goggin mourns the loss of Robert J. Coleman, the last of its founding name partners.


View Announcement ›