State ex rel. Phalen v. Roberts (Signed Opinion)
Annotate this Case
The Supreme Court granted, as moulded, Petitioner's petition for writ of habeas corpus seeking to direct Respondent, the superintendent of the South Central Regional Jail, to restore him to parole, holding that Petitioner was entitled to the requested relief.
After serving one-fourth of his definite term sentence for violating conditions of his supervised release Petitioner was released on parole. Six months later, however, the Division of Corrections and Rehabilitation (DOCR) determined that Petitioner had erroneously been released, and Petitioner was arrested and reincarcerated. The DOCR made this determination based upon an internal policy that inmates incarcerated for violating the conditions of their supervised release are neither eligible for parole nor entitled to receive commutation from their sentences for good conduct. Petitioner then filed this petition. The Supreme Court granted the requested relief as moulded, holding (1) to the extent the warrant for Petitioner's arrest was based upon a determination that Petitioner was ineligible for parole, the warrant was issued in error; and (2) Petitioner was eligible for parole when he was released, and S.B. 713 may not be applied to him so as to exclude him from being granted good time after October 20, 2020.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.