Hayward v. DanforthAnnotate this Case
Dante Hayward's application for a writ of habeas corpus was denied, and the Supreme Court granted his request for a certificate of probable cause to appeal that denial. In 2007, Hayward pled guilty on drug charges and received an aggregate sentence of twenty-five years, with eight to serve in prison, and seventeen on probation. Hayward was released on parole in 2009; a little over a year later, the State moved to revoke Hayward's probation based on allegations he was arrested and charged with three new criminal offenses. The trial court subsequently revoked the balance of Hayward's aggregate sentence, leaving him to serve a little over twenty years in prison. Hayward argued that the habeas court erred in finding the trial court's revocation of his parole was not a violation of the doctrine of separation of powers. The Supreme Court found that "[a] judicial attempt to control parole conditions 'violates the constitutional provision regarding the separation of powers.'" Hayward had been granted parole by the Parole Board and was in its legal custody until the expiration of his sentence, or until pardoned. No revocation of a probated sentence "shall be effective while a defendant is in the legal custody of the State Board of Pardons and Paroles." The Court therefore reversed the habeas court's denial of Hayward's petition for relief and remanded for further proceedings.