Philbrick v. State

ROBERTS, Justice.

The State of Maine appeals from a judgment of the Superior Court (York County, McKinley, J.) on the post-conviction petition of Leland B. Philbrick determining that he is entitled to “good-time” credit for time spent incarcerated after two successful appeals of his murder convictions. The State contends that the good-time provisions in 17-A M.R.S.A. § 1253(3) (Pamph. 1976) do not apply to prisoners who are awaiting retrial after a conviction is vacated. We agree.

In 1978, Philbrick was convicted of and sentenced for murder. He successfully challenged his conviction twice and,…