Phillips v. Warden, State Prison of Southern Michigan

Defendant appeals as of right from a "writ of habeas corpus” ordering plaintiffs unconditional discharge from the State Prison of Southern Michigan. We vacate and remand.

Following his conviction for kidnapping, plaintiff was sentenced on September 17, 1977, to from twenty to forty years imprisonment, with credit for time served, and placed in custody at the State Prison of Southern Michigan. He became eligible for parole on January 2, 1985.

Pursuant to MCL 791.235(1); MSA 28.2305(1), the release of a prisoner on parole shall be granted solely upon the initiative of the parole board. Although a…