Legal Opinion

McCoy v. State

Supreme Court of Delaware

Decided April 26, 1971PublishedCited by 8 opinions

1Opinion of the Court

WOLCOTT, Chief Justice:

This is an appeal from the dismissal of a petition for a writ of habeas corpus. We are asked to determine whether the appellant was legally recommitted to prison by the Board of Parole.

On October 8, 1951, the appellant was sentenced to 25 years for second degree murder. Subsequently, his sentence was commuted to 23 years. On July 9, 1963, he was paroled. The parole papers indicated that parole supervision would be terminated on July 4, 1967. This was a mistake since that date was McCoy’s short-time termination date which came about by reason of 11 Del.C §§ 4371 and 4372…

2Cases cited6 opinions

  1. State v. AbbottSupreme Court of New Jersey · 1961
  2. Comptroller of the Treasury v. Atlas General IndustriesCourt of Appeals of Maryland · 1964
  3. Rickards v. RickardsSupreme Court of Delaware · 1960
  4. State ex rel. Armour & Co. v. Gulf Sulphur Corp.Supreme Court of Delaware · 1967
  5. Spurlin v. Department of Corrections Ex Rel. NardiniSupreme Court of Delaware · 1967

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3Cited by8 opinions

  1. Lerner v. GillSupreme Court of Rhode Island · 1983
  2. Hall v. CarrSupreme Court of Delaware · 1997
  3. Harmon v. StateSupreme Court of Delaware · 2013
  4. Amico v. New Castle CountyDistrict Court, D. Delaware · 1984
  5. Hyetts Corner, LLC v. New Castle CountyCourt of Chancery of Delaware · 2021

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