Marshall v. Moore

This petition may take the prize for chutspa.1 Two years after he began serving a 15-year sentence in 1985, petitioner escaped and remained at large until 1997 when he was captured and returned to prison.2 He brought this petition for ha-*465beas corpus seeking his immediate release on the theory that his 15-year sentence is up and he should be released. His specific complaint is that the State is wrongfully refusing to give him credit for the 9 years, k months, that he remained at large on his escape!

We, of course, find no error in the position of the State. He can hardly claim to be serving a…