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TRUE v. STEWART

No. CV-00-0066-PR.

18 P.3d 707 (2001)

199 Ariz. 396

Kenneth L. TRUE, Petitioner/Appellant, v. Terry STEWART, George Herman, Arizona Department of Corrections, Cook Unit, Respondents/Appellees.

Supreme Court of Arizona, En Banc.

March 6, 2001.

Attorney(s) appearing for the Case

Janet Napolitano, The Attorney General by S. Christopher Copple, Assistant Attorney General and James R. Morrow, Assistant Attorney General and Randall M. Howe, Assistant Attorney General, Phoenix, Attorneys for Stewart, Herman, and Arizona Department of Corrections, Cook Unit.

Cooper and Udall, by Laura E. Udall, Tucson, Attorney for True.

OPINION

McGREGOR, Justice.

¶ 1 Kenneth L. True (True) brought this action seeking release from the custody of the Department of Corrections pursuant to Arizona Revised Statutes (A.R.S.) section 41-1604.10, which governs earned release credits. The trial court denied habeas corpus relief on the grounds that section 41-1604.10 does not apply to True, who committed the offense for which he was incarcerated in 1985, at which time the law rendered him ineligible...

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