RHODES v. THALER

No. 12-40008.

713 F.3d 264 (2013)

Mandell RHODES, Jr., Petitioner-Appellant v. Rick THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

April 3, 2013.


Attorney(s) appearing for the Case

Mandell Rhodes, Jr., Tennessee Colony, TX, pro se.

Craig William Cosper , Assistant Attorney General, Office of the Attorney General, Postconviction Litigation Division, Austin, TX, for Respondent-Appellee.

Before KING, HIGGINBOTHAM, and CLEMENT, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

Under Texas law, a person who serves a month in prison has that month of "calendar time" credited toward his sentence. A person who serves a month on parole may likewise earn a month of "[s]treet-time credit," a form of calendar time which also counts toward a sentence.1 We consider whether, in Texas, a person convicted of aggravated rape who was paroled by mistake is entitled to street-time...

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