JONES v. MARTINEZ

No. 89SA406.

799 P.2d 385 (1990)

James Keith JONES, Petitioner-Appellee, v. Manuel MARTINEZ, Manager of Safety and Ex-Officio Sheriff of the City and County of Denver; John Simonet, Director of Corrections and Under-Sheriff, Denver County Jail, and Kip Kautzky, Director of the Colorado State Department of Corrections, Respondents-Appellants.

Supreme Court of Colorado, En Banc.

Rehearing Denied November 13, 1990.


Attorney(s) appearing for the Case

David F. Vela, Colorado State Public Defender, and Douglas D. Barnes, Deputy State Public Defender, Denver, for petitioner-appellee.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Barbara L. Widick and Paul S. Sanzo, Asst. Attys. Gen., Denver, for respondent-appellant Kip Kautzky.


Justice ERICKSON delivered the Opinion of the Court.

This is an appeal from an order directing the Department of Corrections to release the petitioner, James Jones. We reverse and remand to the district court with directions to vacate the order directing the Department of Corrections to release Jones and for further proceedings consistent with this opinion.

In addition to the issue addressed in this opinion, there are procedural errors asserted by the Department...

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