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SCHWICHTENBERG v. ADOC

No. CV-97-0166-PR/A.

951 P.2d 449 (1997)

190 Ariz. 574

Stephen James SCHWICHTENBERG, Appellant. v. STATE of Arizona; Arizona Department of Corrections; Terry L. Stewart, Director; Arizona Board of Executive Clemency; Michael Garvey, Executive Director, Appellees.

Supreme Court of Arizona, En Banc.

December 24, 1997.

Attorney(s) appearing for the Case

Toles & Associates by M. Jeremy Toles, Craig C. Gillespie, Phoenix, for Appellant.

Grant Woods, Attorney General by Darrin J. DeLange, Assistant Attorney General, Phoenix, for Appellees.

MOELLER, Justice.

STATEMENT OF THE CASE

¶ 1 The Arizona Department of Corrections ("DOC") erroneously released plaintiff James Schwichtenberg ("Plaintiff") from prison in 1985. In 1996, plaintiff made alternative administrative requests for a certificate of absolute discharge, for credit toward his sentence for the time he was at liberty, or for commutation. His requests were denied and DOC ordered plaintiff to self-report to serve his sentence. Plaintiff...

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