Legal Opinion
Espinoza v. Sabol
Court of Appeals for the First Circuit
Decided February 27, 2009No. 08-1712PublishedCited by 103 opinions
1Opinion of the Court
LYNCH, Chief Judge.
The primary issue raised on this federal habeas appeal is whether an escaped prisoner can shorten his term of actual incarceration under the common law doctrine of credit for time erroneously at liberty because, after he was picked up, he was inadvertently released and remained at liberty for a period of fourteen months before he was eventually arrested again. The district court answered this question “No,” Espinoza v. Sabol, No. 06-cv-11974-NG (D.Mass. Apr. 30, 2008), and so do we.
I
In 1987, Gilbert Espinoza was sentenced to a term of 84 months’ imprisonment for two federal…
2Cases cited37 opinions
- Johnson v. ZerbstSupreme Court of the United States · 1938
- County of Sacramento v. LewisSupreme Court of the United States · 1998
- Collins v. City of Harker HeightsSupreme Court of the United States · 1992
- Smith v. RobbinsSupreme Court of the United States · 2000
- Washington v. GlucksbergSupreme Court of the United States · 1997
32 more not listed; retrieve them via the Exa API.
3Cited by103 opinions
- Maldonado v. FontanesCourt of Appeals for the First Circuit · 2009
- People v. LingleNew York Court of Appeals · 2011
- Martinez v. CuiCourt of Appeals for the First Circuit · 2010
- Marrero-Rodriguez v. Municipality of San JuanCourt of Appeals for the First Circuit · 2012
- Marshall v. Bristol Superior CourtCourt of Appeals for the First Circuit · 2014
98 more not listed; retrieve them via the Exa API.