Duly v. Heflin

I respectfully dissent from the majority opinion for the following reasons.

Duly was released under MCIs “emergency release program” due to overcrowded conditions at MCI pursuant to § 23.11 of the Revised Ordinances of Kansas City. Section 23.11 provides for the early release of prisoners. On November 19, 1993, the sentencing court issued separate orders to the acting superintendent and the acting director to show cause why the petitioners grant of early release from the courts sentence was “a lawful, proper order; and was not contrary to the City Ordinance of Kansas City, Section 23.11, and…