Legal Opinion
Moore v. Peyton
Supreme Court of Virginia
Decided September 4, 1970No. Record 7429, 7430 and 7431PublishedCited by 7 opinions
1Per curiam
The petitioners seek to determine the validity of sentences which they had fully served prior to the institution of these proceedings.
In Smyth v.Midgett, 199 Va. 727, 730, 101 S.E.2d 575, 578 (1958), we held: “A court does not have jurisdiction to determine the validity of a sentence under which the prisoner is not being detained. It follows that where a prisoner is being detained under a valid sen tence he is not entitled to credit for time served on a void sentence fully served before the proceeding for writ of habeas corpus is instituted____”
Code § 8-596 was amended in 1968 to extend the…
2Cases cited2 opinions
- Smyth v. MidgettSupreme Court of Virginia · 1958
- Peyton v. ChristianSupreme Court of Virginia · 1967
3Cited by7 opinions
- John Henry Downey v. C. C. Peyton, Superintendent of the Virginia State PenitentiaryCourt of Appeals for the Fourth Circuit · 1971
- Jack D. Morgan v. Juvenile and Domestic Relations Court, Halifax County, Virginia, and Virginia Penal Systems, Richmond, VirginiaCourt of Appeals for the Fourth Circuit · 1974
- Robert Lee Ferguson v. J. D. Cox, Superintendent, Virginia State PenitentiaryCourt of Appeals for the Fourth Circuit · 1972
- Rivers v. MartinDistrict Court, W.D. Virginia · 1980
- E.C. v. Virginia Dep't of Juvenile JusticeSupreme Court of Virginia · 2012
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