Kailey v. Colorado State Department of Corrections

Randy Kailey appeals from a district court judgment denying his petition for a writ of habeas corpus in which he sought release from confinement on the basis that the sentences imposed on him were void. He asserts that the district court erroneously placed on him the burden of proving the allegations of his petition by a preponderance of the evidence and that the district court erred in not ordering his release from confinement. We affirm the judgment.

I

On October 19, 1984, Kailey was charged in the Jefferson County Court with two counts of sexual assault on a child by one in a position of…