Legal Opinion
Smith v. Satran
North Dakota Supreme Court
Decided July 17, 1980No. Crim. 726PublishedCited by 5 opinions
1Opinion of the Court
PEDERSON, Justice.
This is an application for a writ of habeas corpus. Charles Edward Smith alleges that he is being unlawfully held in the penitentiary beyond the expiration of his sentence because of unconstitutional or illegal deprivation of “good-time,” and urges that this court exercise original jurisdiction and order his release. We decline to do that and we quash the writ.
Whether or not the warden has wrongfully deprived Smith of the benefits of good-time under the provisions of Chapter 12-54, NDCC, 1 is a mixed question of fact and law. There has been no evidentia-ry hearing from which…
2Cases cited10 opinions
- Wolff v. McDonnellSupreme Court of the United States · 1974
- Preiser v. RodriguezSupreme Court of the United States · 1973
- George C. Desmond v. The United States Board of ParoleCourt of Appeals for the First Circuit · 1968
- McGuire v. WARDEN OF STATE FARM, ETC.North Dakota Supreme Court · 1975
- LePera v. SniderNorth Dakota Supreme Court · 1976
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Jensen v. StateNorth Dakota Supreme Court · 1985
- Matz v. SatranNorth Dakota Supreme Court · 1981
- Jensen v. StateNorth Dakota Supreme Court · 1985
- State v. TriebNorth Dakota Supreme Court · 1994
- State v. TriebNorth Dakota Supreme Court · 1994