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GILBERT v. STATE

549 A.2d 737 (1988)

Andre Roger GILBERT v. STATE of Maine.

Supreme Judicial Court of Maine.

Decided October 28, 1988.

Attorney(s) appearing for the Case

Kurt E. Olafsen (orally), Verrill & Dana, Portland, for petitioner.

James E. Tierney, Atty. Gen., Joseph A. Wannemacher (orally), Asst. Atty. Gen., Augusta, for State.

Before McKUSICK, C.J., and ROBERTS, WATHEN, GLASSMAN, CLIFFORD, HORNBY and COLLINS, JJ.

COLLINS, Justice.

Petitioner, Andre Roger Gilbert, brings an appeal from a judgment issued in the Superior Court, Cumberland County, (Bradford, J.) determining that the parole board had no authority to release him from prison on parole. Further, the petitioner suggests that the parole board's failure to give his case effective review is an abuse of discretion by the board. Because this case is governed by 34-A M.R.S.A. § 5807, which removes the board's discretion...

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