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ZABORSKI v. COLORADO DEPT. OF CORRECTIONS

No. 90SA316.

812 P.2d 236 (1991)

Frank J. ZABORSKI, Jr., Petitioner-Appellee, v. COLORADO DEPARTMENT OF CORRECTIONS; Colorado State Board of Parole; and the Restitution Center of Greeley, Respondents-Appellants.

Supreme Court of Colorado, En Banc.

June 3, 1991.

Attorney(s) appearing for the Case

No appearance by petitioner-appellee.

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., John R. Parsons, Asst. Atty. Gen., Barbara L. Widick, First Asst. Atty. Gen., Denver, for respondents-appellants.

Chief Justice ROVIRA delivered the Opinion of the Court.

The Colorado Department of Corrections (Department), appeals the order of the district court granting petitioner Frank J. Zaborski's petition for writ of habeas corpus. We have jurisdiction of this case pursuant to section 13-4-102(1)(e), 6A C.R.S. (1987). The court ruled that the Department's failure to appear at the hearing was a confession of the writ of habeas corpus and ordered the petitioner released....

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