Legal Opinion

Thomas Harry Durkin v. Jack F. Davis, Director, Dept. Of Corrections

Court of Appeals for the Fourth Circuit

Decided March 23, 1976No. 75-1338PublishedCited by 81 opinions

1Opinion of the Court

DONALD RUSSELL, Circuit Judge:

§ 53-208, Code of - Virginia (1950), as amended, provides that any person sentenced for confinement under the criminal laws of that Commonwealth “shall have deducted from any such [sentence] all time actually spent * * * in jail * * * awaiting trial, or pending an appeal” and “it shall be the duty of the court or judge, when entering the final order in any such case, to provide that such person so convicted be given credit for the time so spent.” 1 The procedure mandated by this statute contemplates a sentence imposed by the trial court, accompanied by a…

2Cases cited41 opinions

  1. North Carolina v. PearceSupreme Court of the United States · 1969
  2. Picard v. ConnorSupreme Court of the United States · 1971
  3. Ex Parte LangeSupreme Court of the United States · 1874
  4. Williams v. IllinoisSupreme Court of the United States · 1970
  5. Tate v. ShortSupreme Court of the United States · 1971

36 more not listed; retrieve them via the Exa API.

3Cited by81 opinions

  1. Leonard Campbell v. Anderson McGruder Superintendent, Detention Services, (Two Cases)Court of Appeals for the D.C. Circuit · 1978
  2. Conner v. GriffithWest Virginia Supreme Court · 1977
  3. Leroy Brown v. Julius T. Cuyler, Supt., at S.C.I.G.Court of Appeals for the Third Circuit · 1982
  4. State v. PhelanWashington Supreme Court · 1983
  5. Martin v. LeveretteWest Virginia Supreme Court · 1978

76 more not listed; retrieve them via the Exa API.

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