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KELLEY v. BD. OF PARDONS & PAROLES

No. 2 CA-CV 88-0069.

158 Ariz. 207 (1988)

762 P.2d 121

Tom E. KELLEY, Plaintiff/Appellee, v. ARIZONA BOARD OF PARDONS & PAROLES, John S. Sloss, Richard M. Ortiz, Arter L. Johnson, Patricia Gilbert, Robert Kennerly, Ray Flores, and Ron Johnson, Members, Defendants/Appellants.

Court of Appeals of Arizona, Division 2, Department B.

Review Denied October 18, 1988.

Attorney(s) appearing for the Case

A.S.U. Law School Clinic by Gary Lowenthal and Jane Aiken, Supervising Lawyers, Marcia Miller and Stephen White, Law Students, Pursuant to Rule 38, Rules of the Supreme Court, Tempe, for plaintiff/appellee.

Robert K. Corbin, Atty. Gen. by Guy B. Price, Phoenix, for defendants/appellants.

OPINION

ROLL, Judge.

The Arizona Board of Pardons & Paroles (Board) appeals from the finding of a trial court that forfeiture of prisoner Tom E. Kelley's street time upon revocation of parole constitutes an arbitrary deprivation of liberty. For the reasons set forth below, we reverse.

FACTS

In 1972, Tom E. Kelley was convicted on two counts of rape and began serving a sentence with the Arizona Department of Corrections of 20 to 30 years...

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