Mulkey v. Sullivan

VOLLACK, Justice.

The respondent-appellant, Arapahoe County Sheriff Patrick Sullivan, brings a direct appeal to this court from the Arapahoe County District Court’s order releasing the defendant from the sheriff’s custody, as a result of the defendant’s successful petition for a writ of habeas corpus.1 We agree with the district court that the defendant’s advisement at the providency hearing was constitutionally inadequate, but affirm the district court’s order under Colorado Municipal Court Rule 235, rather than as a proceeding in habeas corpus.

I

In October 1985, Arthur Mulkey (Mulkey or the…