Thiret V. Kautzky

This is an appeal of a denial of a writ of habeas corpus. The petitioner, Robert Thiret, brought this action in Fremont County District Court against respondent Walter Kautzky, the Executive Director of the Colorado Department of Corrections (the Department), asking the court to order his release from the custody of the Department. Thiret argued that under the statutory provisions governing parole, he was entitled to mandatory release from prison as of February 23, 1989. The trial court denied his petition, finding that the Colorado State Board of Parole (Parole Board) acted within its discretion in denying Thiret parole. We reverse.