Legal Opinion
Hertz v. Macomber
Alaska Supreme Court
Decided March 22, 2013No. 6764 S-14454PublishedCited by 4 opinions
1Opinion of the Court
OPINION
WINFREE, Justice.
I. INTRODUCTION
A prisoner sentenced in 1984 applied for an early furlough release in 2009 but refused to agree to comply with any furlough release conditions, arguing that imposing conditions that were not part of his sentence violated his due process rights and constituted double Jeopardy. The State of Alaska, Department of Corrections (DOC) denied the early furlough release, but the prisoner was released on mandatory parole shortly thereafter.
The prisoner subsequently sued two DOC probation officers, alleging they lacked authority to impose furlough release…
2Cases cited24 opinions
- Sandin v. ConnerSupreme Court of the United States · 1995
- Hewitt v. HelmsSupreme Court of the United States · 1983
- Kentucky Department of Corrections v. ThompsonSupreme Court of the United States · 1989
- Olim v. WakinekonaSupreme Court of the United States · 1983
- James Dominique v. William WeldCourt of Appeals for the First Circuit · 1996
19 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Trevor Stefano v. State of Alaska, Department of Corrections and Earl Houser, in an official capacityAlaska Supreme Court · 2023
- State of Alaska, Department of Corrections v. Trevor StefanoAlaska Supreme Court · 2022
- Erdmann v. State of Alaska Department of CorrectionsDistrict Court, D. Alaska · 2025
- Johnson v. VillarDistrict Court, D. Alaska · 2025