Bowling v. White
Annotate this CaseIn 1992, Defendant was convicted of two counts of murder and sentenced to death. In 1996, Defendant was convicted of attempted murder and sentenced to twenty years’ imprisonment, with that sentence being served concurrently with 1992 sentence. The judgment in the 1996 case failed to award Defendant substantial jail-time credit to which he was entitled. Had Defendant been granted the credit, he would have served out the 1996 sentence in 2009. Nevertheless, the Department of Corrections treated that sentence as though it had been served out at that time. In 2012, Defendant filed in federal district court a petition for habeas corpus challenging his 1996 conviction. Unable to determine whether Defendant was “in custody” under the challenged conviction, the district court certified two questions to the Supreme Court to resolve the question. The Supreme Court answered (1) the Department of Corrections may award an inmate jail-time credit that was mistakenly left of the judgment of conviction and sentence; and (2) whether Corrections properly did so in this case, and thus did not have Defendant in custody on that charge at the time he filed his habeas petition, requires additional fact-finding.
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