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BADGER v. SUTHERS

No. 99SA64.

985 P.2d 1042 (1999)

Chris BADGER, Petitioner-Appellant, v. John SUTHERS, Colorado Department of Corrections, Respondent-Appellee.

Supreme Court of Colorado, En Banc.

August 30, 1999.

Attorney(s) appearing for the Case

Chris Badger, Pro Se Canon City, Colorado.

Ken Salazar, Attorney General, Barbara McDonnell, Chief Deputy Attorney General, Michael E. McLachlan, Solicitor General, Paul S. Sanzo, First Assistant Attorney General, Litigation Section, Denver, Colorado, Attorneys for Respondent-Appellee.

Justice BENDER delivered the Opinion of the Court.

On August 19, 1998, the petitioner, Chris Badger, filed a pro se petition for writ of habeas corpus in the Fremont County District Court, claiming that he was entitled to be paroled on July 31, 1998 and that the Department of Corrections (DOC) was illegally refusing to release him. See § 13-45-101, 5 C.R.S. (1998). The district court denied the petition without holding a hearing, concluding that, "[at...

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