Legal Opinion
McKellar v. Arizona State Department of Corrections
Arizona Supreme Court
Decided July 14, 1977No. 12954PublishedCited by 19 opinions
1Opinion of the Court
HAYS, Justice.
Appellant Kenneth McKellar appeals from the denial of the Mohave County Superior Court to issue him a writ of habeas corpus. We affirm that denial.
On April 2, 1973, appellant pled guilty to a violation of A.R.S. § 36-1002.02, sale of heroin, the penalty for which is (for a first offense):
“ . . . imprisonment in the state prison from five years to life, and shall not be eligible for release ... on parole or any other basis until he has served not less than five years in prison.”
This, of course, requires that no matter what penalty appellant received, 1 he has to spend a mandatory…
2Cases cited7 opinions
- Morrissey v. BrewerSupreme Court of the United States · 1972
- Louisiana Ex Rel. Francis v. ResweberSupreme Court of the United States · 1947
- White v. PearlmanCourt of Appeals for the Tenth Circuit · 1930
- State v. DeddensArizona Supreme Court · 1975
- Hernandez v. StateArizona Supreme Court · 1934
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Jenkins v. CurrierCourt of Appeals for the Tenth Circuit · 2008
- Vincent Henderson Daryelle Rexrode John Calella v. Stuart O. Simms Richard Lanham, Sr. William O. FilbertCourt of Appeals for the Fourth Circuit · 2000
- State v. MulalleyArizona Supreme Court · 1980
- In Re RoachWashington Supreme Court · 2003
- In re the Personal Restraint of RoachWashington Supreme Court · 2003
14 more not listed; retrieve them via the Exa API.