McKinney v. Kautzky

The Colorado Department of Corrections (Department) 1 appeals from the district court’s order granting a writ of habeas corpus. 2 We reverse the district court and remand with directions to discharge the writ of habeas corpus as premature.

I

Bradford C. McKinney, the appellee in this case, was convicted of aggravated robbery 3 and received a sentence of four years on April 1, 1988. McKinney’s earliest parole date was January 23, 1990, but no parole date was assigned by the parole board at the time this appeal was filed. McKinney filed a petition for a writ of habeas corpus and a writ was issued…