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PHILLIPS v. WARDEN, STATE PRISON OF SOUTHERN MICHIGAN

Docket No. 91468.

153 Mich. App. 557 (1986)

396 N.W.2d 482

PHILLIPS v. WARDEN, STATE PRISON OF SOUTHERN MICHIGAN

Michigan Court of Appeals.

Decided July 22, 1986.

Attorney(s) appearing for the Case

James Sterling Lawrence, for plaintiff.

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and Edgar L. Church, Jr., Assistant Attorney General, for defendant.

Before: SHEPHERD, P.J., and GILLIS and MacKENZIE, JJ.

PER CURIAM.

Defendant appeals as of right from a "writ of habeas corpus" ordering plaintiff's unconditional discharge from the State Prison of Southern Michigan. We vacate and remand.

Following his conviction for kidnapping, plaintiff was sentenced on September 17, 1977, to from twenty to forty years imprisonment, with credit for time served, and placed in custody at the State Prison of Southern Michigan. He became eligible for parole on January 2, 1985.<...

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