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KAILEY v. STATE DEPT. OF CORRECTIONS

No. 90SA13.

807 P.2d 563 (1991)

Randy KAILEY, Petitioner-Appellant, Cross-Appellee, v. COLORADO STATE DEPARTMENT OF CORRECTIONS; and James Brittain, Superintendent, Respondent-Appellee, Cross-Appellant.

Supreme Court of Colorado, En Banc.

Rehearing Denied April 8, 1991.

Attorney(s) appearing for the Case

Randy Kailey, pro se.

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Paul S. Sanzo, Asst. Atty. Gen., Denver, for respondent-appellee, cross-appellant.

Justice QUINN delivered the Opinion of the Court.

Randy Kailey appeals from a district court judgment denying his petition for a writ of habeas corpus in which he sought release from confinement on the basis that the sentences imposed on him were void. He asserts that the district court erroneously placed on him the burden of proving the allegations of his petition by a preponderance of the evidence and that the district court erred in not ordering his release from...

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