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BARNETT v. MALLEY

No. 11109.

567 P.2d 482 (1977)

90 N.M. 633

Earsley BARNETT, Petitioner-Appellee, v. Clyde MALLEY et al., Respondents-Appellants.

Supreme Court of New Mexico.

August 15, 1977.

Attorney(s) appearing for the Case

Toney Anaya, Atty. Gen., Ralph W. Muxlow II, Asst. Atty. Gen., Department of Corrections, Santa Fe, for respondents-appellants.

Jan A. Hartke, Chief Public Defender, Reginald J. Storment, Appellate Defender, William H. Lazar, Asst. Appellate Defender, Santa Fe, for petitioner-appellee.

OPINION

PHIL BAIAMONTE, District Judge.

This is a habeas corpus action filed in the District Court of Santa Fe County. The cause was heard on July 13, 1976, before the Honorable Thomas A. Donnelly, District Judge. The decision of the Court was that petitioner be released from incarceration subject to existing parole conditions. Respondents appeal. We affirm.

Petitioner was a parolee from the Penitentiary of New Mexico and was charged with violating...

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