Beaulieu v. State

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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.

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