BURLINGTON, CO - JUNE 04: Josiah "JoJo" Lima-Marin 6, breaks in on the rest of the family working on a large puzzle to show his father Rene Lima-Marin his coloring during a family visit to the Kit Carson Correctional Center. Lima-Marin sentenced to 98 years for a litany of charges stemming from video store robberies when he was 19, was mistakenly released early. He changed his life, married and started a family and held down a good job. Then, the DA who prosecuted him discovered he was no longer in prison, and Lima-Marin was whisked back to lockup. June 04, 2016 in Burlington, CO. (Photo By Joe Amon/The Denver Post)

Rene Lima-Marin, who was mistakenly released decades early from a 98-year sentence only to be sent back to prison three years ago after starting a family, was ordered released from prison Tuesday by a judge who called his being re-incarcerated “utterly unjust.”
“Requiring Lima-Marin to serve the rest of his prison sentence all these years later would be draconian, would deprive him of substantive due process, and would perpetrate a manifest injustice,” Chief Arapahoe County District Judge Carlos Samour Jr. wrote. “Because the Court finds that Lima-Marin is being unlawfully detained, he is ordered released. No other remedy will result in justice in this case.”
Lima-Marin, 38, was awaiting Samour’s ruling on a writ of habeas corpus arguing he should be freed. Also pending were petitions to Colorado Gov. John Hickenlooper for clemency.
Samour’s decision Tuesday, released in a 165-page opinion, ends Lima-Marin’s legal battle to reunite with his family.
His wife, Jasmine, was eating …
READ MORE ON DENVERPOST.COM