Schooley v. Wilson
| Decision Date | 04 September 1962 |
| Docket Number | No. 20152,20152 |
| Parties | John M. SCHOOLEY, Manager of Safety and Ex Officio Sheriff of the City and County of Denver, and Dan Still, Warden of the County Jail of the City and County of Denver, Plaintiffs in Error, v. Morlan Robert WILSON, Defendant in Error. |
| Court | Colorado Supreme Court |
Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., J. F. Brauer, Asst. Atty. Gen., Denver, for plaintiffs in error.
No appearance for defendant in error.
Wilson in his petition for a writ of habeas corpus alleged that he was 'unlawfully confined, detained and restrained of his liberty in the county jail,' and that his imprisonment resulted from an invalid 'hold order' issued by the Colorado Parole Department. Illegality of the imprisonment was based upon the action of the Parole Board in holding him as an alleged parole violator for more than fifteen days without the alternative action required by the statute of either releasing him or revoking his parole and returning him to the institution from which he was paroled.
The writ issued, to which Schooley and Still, in their official capacities, made a return. Material allegations in the return were denied by Wilson, and thus there were framed the issues to be determined by the trial court. These issues were considerably different from those suggested by the original petition. Evidence was taken, and at the conclusion thereof the trial court made permanent the writ of habeas corpus and released Wilson.
Violation of Chapter 104, 39-17-6, Session Laws of Colorado 1961, in that successive hold orders extended the investigatory time beyond the fifteen-day period provided by the statute, was the basic ground upon which the trial court discharged Wilson.
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People v. Wiedemer
... ... See also Schooley v. Wilson, 150 Colo. 483, 374 P.2d 353 (1962) (habeas corpus is proper remedy for parolee to challenge legality of actual imprisonment resulting from ... ...
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Marshall v. Kort
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... ... Thompson, 793 P.2d 1173, 1176 (Colo.1990); see also Massey v. Wilson, 199 Colo. 121, 124-25, 605 P.2d 469, 471 (1980) ("Since the right to obtain extradition of [a] fugitive rests with the [requesting state], that ... See also Schooley v. Wilson, 150 Colo. 483, 374 P.2d 353 (1962) (habeas corpus is proper remedy for parolee to challenge legality of actual imprisonment resulting from ... ...
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