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HORTON v. SUTHERS

No. 00SA58.

43 P.3d 611 (2002)

Ralph D. HORTON, Petitioner-Appellee, v. John SUTHERS, Executive Director of the Colorado Department of Corrections, Respondent-Appellant.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing March 4, 2002.

Attorney(s) appearing for the Case

David S. Kaplan, Colorado State Public Defender, Kathleen A. Lord, Chief Appellate Deputy Public Defender, Denver, CO, Attorneys for Petitioner-Appellee.

Ken Salazar, Attorney General, Joseph Sanchez, Assistant Attorney General, Civil Litigation Section, Denver, CO, Attorneys for Respondent-Appellant.

Justice MARTINEZ delivered the opinion of the Court.

The director of the Department of Corrections (director) initiated this appeal following the Crowley County District Court's grant of Ralph Horton's petition for writ of habeas corpus. As discussed below, at the hearing on Horton's petition, the director had agreed with Horton that the Crowley County District Court should both hear the petition and grant the relief requested therein.

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