Dallas Cole v. State of North Carolina

In this appeal, petitioner complains principally about the denial of credit for nine months and twenty-six days he spent in custody, unable to secure his release on bail, pending final disposition of his appeal from his conviction for manslaughter in the courts of the State of North Carolina. Post conviction relief to obtain the credit was denied by the North Carolina courts and the district judge.

Petitioner’s dilemma, that of being denied credit while an appeal is pending or of beginning the service of sentence, by foregoing the right of appeal, with the hope that subsequent post conviction…