Legal Opinion

Kelley v. Arizona Board of Pardons & Paroles

Court of Appeals of Arizona

Decided March 17, 1988No. 2 CA-CV 88-0069Published

1Opinion of the Court

OPINION

ROLL, Judge.

The Arizona Board of Pardons & Paroles (Board) appeals from the finding of a trial court that forfeiture of prisoner Tom E. Kelley’s street time upon revocation of parole constitutes an arbitrary deprivation of liberty. For the reasons set forth below, we reverse.

FACTS

In 1972, Tom E. Kelley was convicted on two counts of rape and began serving a sentence with the Arizona Department of Corrections of 20 to 30 years. On November 8, 1978, Kelley was granted parole from prison. In September of 1982, while still on parole, Kelly was convicted of sexual abuse and received a…

2Cases cited18 opinions

  1. Morrissey v. BrewerSupreme Court of the United States · 1972
  2. Hewitt v. HelmsSupreme Court of the United States · 1983
  3. Meachum v. FanoSupreme Court of the United States · 1976
  4. Olim v. WakinekonaSupreme Court of the United States · 1983
  5. United States v. Winston Bryant McConneyCourt of Appeals for the Ninth Circuit · 1984

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