Libby v. Commissioner of Correction

This case was commenced as a petition for a writ of mandamus to compel the Commissioner of Correction to record a reduction of time to be served on a sentence imposed in Norfolk County. The petition was treated as a bill for declaratory relief. A decree was entered declaring that the plaintiff was entitled to certain reductions. The plaintiff, claiming that he should have been credited with more time, appealed.

The case was heard on a statement of agreed facts. The plaintiff is serving two concurrent sentences of twelve to fifteen years at the Massachusetts Correctional Institution at Walpole.…