Legal Opinion
United States Ex Rel. Smith v. Rundle
District Court, E.D. Pennsylvania
Decided April 8, 1968No. Misc. 3653PublishedCited by 21 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
HIGGINBOTHAM, District Judge.
The relator, an inmate at the State Correctional Institution, Graterford, Pennsylvania, has filed a petition for a writ of habeas corpus.
In his petition the relator raises the novel issue of whether he can offset his present sentence, arising from a 1962 conviction, with a “credit” owed him for time served under an invalid sentence imposed on a 1951 conviction in an unrelated matter.
Serving any period of time under an erroneously imposed or invalid sentence is unquestionably a serious deprivation. But, beyond revising or reversing an erroneous…
2Cases cited10 opinions
- King v. United StatesCourt of Appeals for the D.C. Circuit · 1938
- Paul L. Fitzsimmons v. Howard Yeager, Principal Keeper of the New Jersey State Prison at trenton,n.j. And the State of New JerseyCourt of Appeals for the Third Circuit · 1968
- Cook v. United StatesCourt of Appeals for the First Circuit · 1948
- United States of America Ex Rel. Donald E. Starner v. Harry E. Russell, Superintendent, State Correctional Institution, Huntingdon, PennsylvaniaCourt of Appeals for the Third Circuit · 1967
- Willie L. Short, Jr. v. United StatesCourt of Appeals for the D.C. Circuit · 1965
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Martin v. Pennsylvania Board of Probation & ParoleSupreme Court of Pennsylvania · 2003
- Krantz v. CommonwealthCommonwealth Court of Pennsylvania · 1984
- State v. MarninNew Jersey Superior Court Appellate Division · 1970
- Hears v. Pennsylvania Board of Probation & ParoleCommonwealth Court of Pennsylvania · 2004
- Mize v. United StatesDistrict Court, N.D. Mississippi · 1971
16 more not listed; retrieve them via the Exa API.