MINER v. CHATER

No. 205-78.

403 A.2d 274 (1979)

Earl D. MINER v. Michael CHATER, Superintendent, Rutland Regional Correctional Center.

Supreme Court of Vermont.

June 5, 1979.


Attorney(s) appearing for the Case

John J. Welch, Jr., Rutland, James L. Morse, Defender Gen., Montpelier, Nicholas L. Hadden, St. Albans, and Stephen W. Gould, Law Clerk (on brief), amicus curiae.

M. Jerome Diamond, Atty. Gen., and Susan R. Harritt, Asst. Atty. Gen., Montpelier, for defendant.

Before BARNEY, C. J., DALEY, BILLINGS, and HILL, JJ., and SMITH, J. (Retired), Specially Assigned.


BILLINGS, Justice.

This appeal from the superior court's denial of habeas corpus relief presents for our determination the validity of the Department of Correction's practice of denying an inmate all credit against his sentence for time spent on parole, in compliance with all conditions, where parole is subsequently revoked. Since we find this practice unlawful, we reverse.

On July 31, 1970, the appellant was sentenced to a term of zero to eight years following...

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