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SMITH v. SATRAN

Crim. No. 726.

295 N.W.2d 118 (1980)

Charles Edward SMITH, Petitioner, v. Winston SATRAN, Warden, North Dakota State Penitentiary, at Bismarck, North Dakota, Respondent.

Supreme Court of North Dakota.

July 17, 1980.

Attorney(s) appearing for the Case

Charles Edward Smith, pro se.

Edwin F. Zuern, Asst. Atty. Gen., Bismarck, for respondent.

Phillip J. Brown, Sp. Asst. Atty. Gen., Bismarck, for North Dakota Parole Department, amicus curiae.

PEDERSON, Justice.

This is an application for a writ of habeas corpus. Charles Edward Smith alleges that he is being unlawfully held in the penitentiary beyond the expiration of his sentence because of unconstitutional or illegal deprivation of "good-time," and urges that this court exercise original jurisdiction and order his release. We decline to do that and we quash the writ.

Whether or not the warden has wrongfully...

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