Legal Opinion

Abrahams v. Commissioner of Correction

Massachusetts Appeals Court

Decided April 28, 2003No. 01-P-1513PublishedCited by 1 opinion

1Opinion of the CourtMills, J.

The plaintiff, Dana Abrahams, appeals from the dismissal of his complaint for declaratory relief concerning the calculation of his release date from a State prison sentence that he is currently serving.

His appeal raises the question whether the Superior Court sentencing judge could lawfully order that a State prison sentence be commenced immediately and served concurrently with a Federal sentence, notwithstanding that the prisoner was in Federal custody and not actually transported and delivered to the State prison facility until a later date. We hold that the sentencing judge had this…

2Cases cited11 opinions

  1. Nader v. CitronMassachusetts Supreme Judicial Court · 1977
  2. Kurker v. HellMassachusetts Appeals Court · 1998
  3. Commonwealth v. LykusMassachusetts Supreme Judicial Court · 1989
  4. Commonwealth v. BurkeMassachusetts Supreme Judicial Court · 1984
  5. Chalifoux v. Commissioner of CorrectionMassachusetts Supreme Judicial Court · 1978

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3Cited by1 opinion

  1. Stephens v. SabolDistrict Court, D. Massachusetts · 2008

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