HARRIS v. KASTAMA

Nos. 48300-1, 48511-9.

98 Wn.2d 765 (1983)

657 P.2d 1388

EMERY FRANK HARRIS, Respondent, v. C.R.M. KASTAMA, Appellant. KEITH JOHNATHAN ROGERS, Respondent, v. JAMES SPALDING, Appellant.

The Supreme Court of Washington, En Banc.

February 10, 1983.


Attorney(s) appearing for the Case

Kenneth O. Eikenberry, Attorney General, and Michael P. Lynch, Assistant, for appellants.

Emery Frank Harris, pro se, and William D. McCool, for respondents.


PEARSON, J.

The State, in two consolidated appeals, challenges the delivery from custody of two prisoners whose applications for habeas corpus were granted by the Superior Court.

The single issue before us is whether the proscription, by Const. art. 1, § 14, of cruel punishment prohibits incarceration beyond the present maximum sentence of a prisoner sentenced under a repealed statute which provided for longer...

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