Christensen v. People

This direct appeal requires us to determine whether a petition for habeas corpus is an available remedy for an alleged failure of the parole board to grant a state inmate’s request for absolute release or parole. The district court dismissed the petition because the inmate did not allege that he was entitled to immediate release. We affirm.

I

On July 30, 1976, plaintiff-appellant James Earl Christensen was sentenced to an indeterminate term of “one day to life,” pursuant to section 16-13-203, C.R.S. (1973) (now section 16-13-203, 8A C.R.S. (1986)), of the Colorado Sex Offenders Act (hereafter…