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KELLEY v. ARIZONA DEPT. OF CORRECTIONS

No. CV-87-0174-SA.

154 Ariz. 476 (1987)

744 P.2d 3

Tom E. KELLEY, Petitioner, v. ARIZONA DEPARTMENT OF CORRECTIONS, Sam A. Lewis, Director, and David Withey, Legal Analyst, Respondents.

Supreme Court of Arizona, En Banc.

October 6, 1987.

Attorney(s) appearing for the Case

Arizona State University Law Clinic by Jane Aiken, Gary Lowenthal, Supervising Attys., Mary Crawford, Darryl Engle, Student Attys., Tempe, for petitioner.

Robert K. Corbin, Atty. Gen. by Thomas Prose, Guy B. Price, Asst. Attys. Gen., Phoenix, for respondents.

MOELLER, Justice.

FACTS

In 1972, petitioner Tom E. Kelley was convicted of rape and sentenced to twenty to thirty years' imprisonment. He was paroled in 1978. In 1982, while on parole, he was convicted of sexual abuse. Following this second conviction, the Arizona Board of Pardons and Paroles (the Board) revoked his parole. In addition, the Board, pursuant to A.R.S. § 31-417 and this court's decision in Baker v. Arizona Board of Pardons & Paroles...

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