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THIRET v. KAUTZKY

No. 89SA240.

792 P.2d 801 (1990)

Robert THIRET, Petitioner-Appellant, v. Walter KAUTZKY, Executive Director of the Colorado Department of Corrections, Respondent-Appellee.

Supreme Court of Colorado, En Banc.

Rehearing Denied June 18, 1990.

Attorney(s) appearing for the Case

Philip A. Cherner, Stayton & Brennan, Denver, for petitioner-appellant.

Duane Woodard, Atty.Gen., Charles B. Howe, Deputy Atty.Gen., Richard H. Forman, Sol.Gen., and Robert C. Ripple, Asst. Atty. Gen., Denver, for respondent-appellee.

Justice MULLARKEY delivered the Opinion of the Court.

This is an appeal of a denial of a writ of habeas corpus. The petitioner, Robert Thiret, brought this action in Fremont County District Court against respondent Walter Kautzky, the Executive Director of the Colorado Department of Corrections (the Department), asking the court to order his release from the custody of the Department. Thiret argued that under the statutory provisions governing parole, he was entitled...

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