John Edward Smith v. State of North Carolina
Court of Appeals for the Fourth Circuit
1Per curiam
By order dated August 8, 1972, the United States District Court for the Western District of North Carolina, at Charlotte, granted appellee Smith credit against a state sentence for the seven months which he spent incarcerated during the pendency of his appeal. 1 On August 10, 1972, the Indeterminate Sentence Committee of the North Carolina Department of Corrections decided that Smith should not be released on his minimum release date, which, because of the granting of the seven months credit, had already passed. Smith then sought habeas corpus relief, alleging that the decision of the…
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