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IN RE UPHOFF

No. 52,554

7 Kan. App. 2d 301 (1982)

641 P.2d 406

In The Matter of The Application of ALBERT F. UPHOFF For A Writ of Habeas Corpus.

Court of Appeals of Kansas.

Opinion filed February 18, 1982.

Attorney(s) appearing for the Case

James E. Flory, special assistant attorney general, and Robert T. Stephan, attorney general, for appellant Kansas Department of Corrections.

Kiehl Rathbun, of Shawver & Rathbun, of Wichita, for appellee Albert F. Uphoff.

Before JUSTICE MILLER, presiding, REES, J., and STEVEN P. FLOOD, District Judge, assigned.

FLOOD, J.:

This is a case of first impression for the State of Kansas. It concerns the due process standards to be applied to prerelease rescission of a parole grant. It does not concern due process standards for parole revocation. See K.A.R. 1981 Supp. 45-9-1.

On April 24, 1978, Albert F. Uphoff, appellee, was convicted of aggravated incest and sentenced to serve not less than three nor more than ten years in the custody of the Secretary of Corrections. On...

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