HINTON v. PAROLE BOARD

Docket No. 81588.

148 Mich. App. 235 (1986)

383 N.W.2d 626

HINTON v. PAROLE BOARD

Michigan Court of Appeals.

Decided January 7, 1986.


Attorney(s) appearing for the Case

Alvin C. Sallen, for plaintiff.

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and Thomas A. Kulick and Louis J. Porter, Assistants Attorney General, for the defendant.

Before: M.J. KELLY, P.J., and ALLEN and R.M. SHUSTER, JJ.


PER CURIAM.

In this appeal as of right we are asked to decide when a parolee is "available for return to a state penal institution under accusation of a violation of parole" within the meaning of MCL 791.240a(1); MSA 28.2310(1)(1), as amended by 1982 PA 314, § 1. Further, we must determine whether such an issue can properly be raised in a habeas corpus proceeding.

On July 13, 1984, plaintiff, Henry Hinton, was arrested and charged with felonious assault...

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