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AVERETT v. COMMISSIONER OF CORRECTION

Nos. 87-1284 & 87-1301.

25 Mass. App. Ct. 280 (1988)

517 N.E.2d 844

JOHN AVERETT vs. COMMISSIONER OF CORRECTION & another (and a companion case).

Appeals Court of Massachusetts, Middlesex.

January 15, 1988.

Attorney(s) appearing for the Case

Judy G. Zeprun, Assistant Attorney General (William R. Albert with her) for the respondents.

Peter Costanza for the petitioners.

Present: PERRETTA, SMITH, & FINE, JJ.

PERRETTA, J.

Claiming that they had served in full the sentences imposed on their convictions but that the Commissioner of Correction (commissioner) had ordered the forfeiture of their statutory good time credits in violation of their rights, the inmate petitioners sought their "immediate release" in the Superior Court on petitions for writs of habeas corpus brought under G.L.c. 248, §§ 1, et seq. After hearings, the judge allowed the petitions, issued the...

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