Legal Opinion

No.

Colorado Attorney General Reports

Decided October 2, 1979Published

1Opinion of the Court

James L. Kurtz-Phelan, Esq. Legal Advisor to the Governor State of Colorado 136 State Capitol Denver, Colorado 80203

Dear Mr. Kurtz-Phelan:

Your inquiry of September 24, 1979, has been directed to me for a response.

QUESTION PRESENTED AND CONCLUSION

The question posed is as follows:

If the Governor commutes an inmate's minimum sentence for the purpose of accelerating that inmate's parole eligibility date, does such a commute foreclose or preempt administrative or judicial remedies otherwise available?

It is my conclusion, after reviewing recent Colorado cases, that the Governor's action in…

2Cases cited4 opinions

  1. People Ex Rel. Dunbar v. DISTRICT CT., TWENTIETH JDSupreme Court of Colorado · 1972
  2. McClure v. District Court of Fourth Judicial Dist.Supreme Court of Colorado · 1975
  3. People v. SimmsSupreme Court of Colorado · 1974
  4. Flower Haven, Inc. v. PalmerColorado Court of Appeals · 1972

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