Legal Opinion

Schwichtenberg v. State

Arizona Supreme Court

Decided December 24, 1997No. CV-97-0166-PR/APublishedCited by 4 opinions

1Opinion of the Court

MOELLER, Justice.

STATEMENT OF THE CASE

¶ 1 The Arizona Department of Corrections (“DOC”) erroneously released plaintiff James Schwichtenberg (“Plaintiff’) from prison in 1985. In 1996, plaintiff made alternative administrative requests for a certificate of absolute discharge, for credit toward his sentence for the time he was at liberty, or for commutation. His requests were denied and DOC ordered plaintiff to self-report to serve his sentence. Plaintiff sued in superior court, which denied relief. The court of appeals affirmed by decision order. On the facts of this case, we conclude that…

2Cases cited13 opinions

  1. White v. PearlmanCourt of Appeals for the Tenth Circuit · 1930
  2. Buchalter v. New YorkSupreme Court of the United States · 1943
  3. Jack Shields v. Dr. George J. Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1967
  4. United States v. Frank MartinezCourt of Appeals for the Ninth Circuit · 1988
  5. Donald Wayne Green v. Robert Christiansen, Warden, Federal Correctional Institution, Lompoc, CaliforniaCourt of Appeals for the Ninth Circuit · 1984

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3Cited by4 opinions

  1. Evans v. FrakesNebraska Supreme Court · 2016
  2. Gaines v. Florida Parole CommissionDistrict Court of Appeal of Florida · 2007
  3. Susan Scheerer v. State of ArizonaCourt of Appeals of Arizona · 2012
  4. State v. StempelCourt of Appeals of Arizona · 2026

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