Fiske v. Warden, New Hampshire State PrisonAnnotate this Case
Jeremy Fiske appealed a superior court decision denying his petition for a writ of habeas corpus. Petitioner “specifically requested that the [sentencing c]ourt allow him to earn good time credit to reduce his stand-committed sentences if he completed approved programming at the prison.” After hearing argument, the sentencing court denied the request “in light of the egregious nature of [the petitioner’s] crimes.” Approximately five years later, petitioner filed the petition for writ of habeas corpus at issue here, asserting that the sentencing court “exceeded its statutory authority” and “violated his right to due process” by denying the option of earned-time credit. The trial court hearing the petition concluded that whether to grant the opportunity to obtain earned-time credit was within the discretion of the sentencing court and that the court’s decision on that matter was “not arbitrary or capricious.” On appeal to the New Hampshire Supreme Court, petitioner reasserted that the sentencing court exceeded its statutory authority by denying his request during sentencing to grant the option to receive earned-time credit. Finding no reversible error, the Supreme Court affirmed the trial court's judgment.