Legal Opinion
Clarence J. Sutton v. State of Maryland Maryland House of Correction
Court of Appeals for the Fourth Circuit
Decided March 20, 1989No. 88-6619PublishedCited by 3 opinions
1Opinion of the Court
HARRISON L. WINTER, Chief Judge:
The district court ruled that Clarence J. Sutton, a habeas petitioner who was convicted under Maryland law of common law assault, was entitled to a writ of habeas corpus to the extent that the fifteen-year sentence imposed on him exceeded the *610maximum penalty of ten years for the least aggravated form of statutory assault of which he might be found guilty, although no Maryland statutory offense was charged. The State of Maryland appeals. We affirm.
I
Clarence Sutton was convicted of common law assault under an indictment which charged him only with that offense.…
2Cases cited14 opinions
- In Re WINSHIPSupreme Court of the United States · 1970
- Blockburger v. United StatesSupreme Court of the United States · 1931
- Solem v. HelmSupreme Court of the United States · 1983
- Mullaney v. WilburSupreme Court of the United States · 1975
- McMillan v. PennsylvaniaSupreme Court of the United States · 1986
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3Cited by3 opinions
- Clarence J. Sutton v. State of Maryland Maryland House of CorrectionCourt of Appeals for the Fourth Circuit · 1989
- Clarence J. Sutton v. State of Maryland Maryland House of CorrectionCourt of Appeals for the Fourth Circuit · 1989
- Clarence J. Sutton v. State of Maryland Maryland House of CorrectionCourt of Appeals for the Fourth Circuit · 1989