Ex Parte Thiles

As the Court says, there are two lines of cases that address time credit for out-of-custody defendants. An erroneously-released defendant is generally entitled to credit for time out of custody. But a defendant who is out on bond pending appeal is not entitled to credit for time out of custody after the conviction is affirmed. Applicant’s situation is of the second type, but the Court grants relief under a so-called “principle of reasonableness” underlying the first type of case.

I would grant relief, but I would do so without reference to a nebulous “principle of reasonableness.” The…