STEWART v. BD. OF PARDONS AND PAROLES

No. 1 CA-CIV 9650.

156 Ariz. 538 (1988)

753 P.2d 1194

Robert Benjamin STEWART, Plaintiff-Appellee, v. ARIZONA BOARD OF PARDONS AND PAROLES; Richard Ortiz, Ron Johnson, Patricia Gilbert, Arter Johnson, Robert Kennerly, John Sloss, Ray Flores members of the ABPP, Defendants-Appellants.

Court of Appeals of Arizona, Division 1, Department D.

April 14, 1988.


Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. White, Asst. Atty. Gen., Phoenix, for defendants-appellants.

Robert Benjamin Stewart, in pro. per.


OPINION

GRANT, Judge.

The appellee, Robert B. Stewart (Stewart), who is incarcerated at Arizona State Prison-Florence, filed a special action in the Maricopa County Superior Court requesting a court-ordered release from prison. The appellant, the Arizona Board of Pardons and Paroles (Board), appeals from the trial court's granting of Stewart's motion for summary judgment.

Stewart was convicted of first degree rape and sentenced on September 23, 1972...

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