State v. Anthony Charles Grilli

Appellant Jason DeWayne Schwartz appeals the district courts denial of his petitions for post-conviction relief and writ of habeas corpus. The district court determined that appellant failed to prove beyond a reasonable doubt that the statutes under which the Commissioner of Corrections revoked his conditional release and re-incarcerated him were unconstitutional and concluded that appellant was lawfully detained. The court of appeals affirmed. Appellant claims that Minn. Stat. §á243.05 (2000), which gives the Commissioner of Corrections authority over supervised release, and Minn. Stat. § 609.109, subd. 7 (2000), which extends that authority to the conditional release of convicted sex offenders, violate the Separation of Powers provision of the Minnesota Constitution. Appellant also challenges the "no contact with minors" condition of his release and contends that the record does not support the commissioners determination that he violated that condition. We affirm.