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Legal Opinion

In re the Personal Restraint of Roach

Washington Supreme Court

Decided August 14, 2003No. 73374-1PublishedCited by 16 opinions

1Opinion of the CourtMadsen, J.

Petitioner Michael W. Roach seeks review of an unpublished Court of Appeals opinion dismissing his personal restraint petition. Roach contends that he is entitled to credit against his sentence for time he spent at liberty due to the negligence of the Washington State Department of Corrections (DOC) in releasing him prior to the completion of his sentence. We agree and adopt an equitable doctrine of relief for a prisoner released from state custody due to the State’s negligence. An erroneously released prisoner will be granted day-for-day credit against his sentence for time spent at liberty,…

2Cases cited19 opinions

  1. White v. PearlmanCourt of Appeals for the Tenth Circuit · 1930
  2. Jack Shields v. Dr. George J. Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1967
  3. Charles A. Johnson v. J. Williford, Warden, Metropolitan Correctional Center United States Parole Commission and United States of AmericaCourt of Appeals for the Ninth Circuit · 1982
  4. United States v. Frank MartinezCourt of Appeals for the Ninth Circuit · 1988
  5. Smith v. SwopeCourt of Appeals for the Ninth Circuit · 1937

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3Cited by16 opinions

  1. State v. JonesWashington Supreme Court · 2011
  2. Anderson v. HoustonNebraska Supreme Court · 2008
  3. In Re RoachWashington Supreme Court · 2003
  4. State v. DonagheWashington Supreme Court · 2011
  5. Tyler v. HoustonNebraska Supreme Court · 2007

11 more not listed; retrieve them via the Exa API.

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