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McFARLAND v. GUNTER

No. 91CA0624.

829 P.2d 510 (1992)

Earl Dee McFARLAND, and Ira Johnson, Jr., Petitioners-Appellees, v. Frank O. GUNTER, Executive Director, Colorado Department of Corrections, Respondent-Appellant.

Colorado Court of Appeals, Div. II.

March 26, 1992.

Attorney(s) appearing for the Case

Cherner & Blackman, Philip A. Cherner, Denver, for petitioners-appellees.

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-appellant.

Opinion by Judge HUME.

Asserting that they were entitled to parole, petitioners, Earl Dee McFarland and Ira Johnson, Jr., filed a petition for a writ of habeas corpus seeking an order directing respondent, Frank O. Gunter, Executive Director of the Department of Corrections, to release them from incarceration. The trial court issued the writ and, after a hearing, ordered the release of petitioners. Subsequently, the court entertained petitioners' cost bill and awarded...

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