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GARCIA v. CARMEL

No. 93SA180.

873 P.2d 1317 (1994)

Donna GARCIA, Petitioner-Appellee, v. Harold CARMEL, Superintendent, Colorado Mental Health Institute at Pueblo, Respondent-Appellant, Mark McKinna, Superintendent, Women's Correctional Facility, Colorado Department of Corrections, Respondent.

Supreme Court of Colorado, En Banc.

May 9, 1994.

Attorney(s) appearing for the Case

David F. Vela, State Public Defender, Victor I. Reyes, Deputy State Public Defender, Pueblo, for petitioner-appellee.

Gale A. Norton, Atty. Gen., Stephen K. ErkenBrack, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Paul Farley, Deputy Atty. Gen., John August Lizza, First Asst. Atty. Gen., Thomas S. Parchman, Asst. Atty. Gen., Human Resources Section, Denver, for respondent-appellant.

No appearance for respondent Mark McKinna.

Justice LOHR delivered the Opinion of the Court.

This is an appeal by respondent Harold Carmel, M.D., the superintendent of the Colorado Mental Health Institute at Pueblo (the Institute), from the judgment of the Pueblo County District Court granting in part a petition for habeas corpus filed on behalf of Donna Garcia (the petitioner). Because we conclude that the petitioner's claims are not cognizable by habeas corpus, we reverse the judgment of the district court...

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