Donald R. Ham v. State of North Carolina v. Lee Bounds, Prison Director

RUSSELL, Circuit Judge:

In 1959 the petitioner, a North Carolina state prisoner, pled guilty to second-degree murder and received an indeterminate sentence of 25 to 30 years, 1 later commuted by the Governor of that State to one of 20 to 25 years. After he had begun service of this sentence and been granted parole on two occasions (revoked for cause in each instance), he filed in the state courts a post-conviction relief application, in which he contended that he was constitutionally entitled to “credit” on his sentence for time of parole, and that he was also entitled to special “gain time”…