Clark v. Warden of Md. House of Correction
| Decision Date | 03 May 1957 |
| Docket Number | No. 77,77 |
| Citation | 131 A.2d 396,213 Md. 641 |
| Parties | Charles D. CLARK, Sr. v. WARDEN OF THE MARYLAND HOUSE OF CORRECTION. Application |
| Court | Maryland Court of Appeals |
Before BRUNE, C. J., and COLLINS, HENDERSON, HAMMOND, and PRESCOTT, JJ.
This is an application for leave to appeal from a denial of a writ of habeas corpus. The applicant was convicted of a violation of the narcotics law and sentenced to three years in the House of Correction. He was released on parole to live in New York and be under the supervision of the New York State Parole Department. However, he violated his parole and was returned to the Maryland House of Correction. After a hearing his parole was revoked. He complains that no credit has been given for the time spent on parole. It is perfectly clear that he is not entitled to credit under the circumstances. Code 1956 Supp., Art. 41, sec. 91H; Forrester v. Warden, 207 Md. 622, 114 A.2d 44. 'A failure of the Board [of Parole and Probation] to exercise its discretion so as to grant credit does not deprive the petitioner of any constitutional right, even if we assume, without deciding, that such a point could be raised on habeas corpus.' Williams v. Warden, 209 Md. 627, 628, 120 A.2d 184.
Application denied, with costs.
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Woods v. Steiner
...508 (1958); Woolford v. Warden, 215 Md. 640, 137 A.2d 646 (1958); Phillips v. Warden, 215 Md. 632, 137 A.2d 713 (1958); Clark v. Warden, 213 Md. 641, 131 A.2d 396 (1957); Hall v. Warden, 211 Md. 661, 128 A.2d 280 (1957); Creager v. Warden, 211 Md. 649, 127 A.2d 135 (1956); Williams v. Warde......
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Lomax v. Warden, Maryland Correctional Training Center
...validity of the proceedings that led to his detention. Instead, we follow the Court's reasoning in Clark v. Warden of the Maryland House of Correction, 213 Md. 641, 131 A.2d 396 (1957) where the Court " 'assume[d] without deciding' " that a petitioner, in a habeas corpus petition, could rai......
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Woolford v. Warden of Md. House of Correction, 62
... ... Forrester v. Warden, 1955, 207 Md. 622, 114 A.2d 44. In any event the failure of the board to give the petitioner credit for time spent on parole does not deprive him of any constitutional rights. Clark ... ...
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Chase v. Warden, Md. House of Correction, 98
...of any constitutional right, even if we assume, without deciding, that such a question could be raised on habeas corpus. Clark v. Warden, 213 Md. 641, 642, 131 A.2d 396. Application denied, with ...