McCorvey v. State
| Decision Date | 20 October 1995 |
| Docket Number | CR-94-1485 |
| Citation | 675 So.2d 81 |
| Parties | Charles McCORVEY v. STATE. |
| Court | Alabama Court of Criminal Appeals |
Charles McCorvey, pro se.
Jeff Sessions, Atty. Gen., and Kim Thomas, Asst. Gen. Counsel, Department of Corrections, for appellee.
The appellant, Charles McCorvey, appeals from the circuit court's judgment dismissing his petition for a writ of habeas corpus in which he asserted that an error had been made in "the calculation of his minimum release date pursuant to the correctional incentive time he is legally due."
McCorvey alleged the following facts:
May 14, 1989: He was convicted of a federal offense for which he was sentenced to 4 months' imprisonment and 2 years' supervised probation.
June 25, 1991: He was convicted of a felony in Alabama for which he was sentenced to 10 years' imprisonment. This conviction violated his federal probation and by agreement with the Alabama Department of Corrections, he was taken into federal custody to serve his federal sentence concurrently with his state sentence.
December 12, 1992: He was released from federal custody because his federal conviction was overturned. He returned to Chicago where he resumed his business, married, and began raising a family.
October 1994: He was arrested in North Carolina on a "fugitive escape hold" from Alabama after having been stopped by a state trooper, and he waived extradition to Alabama.
November 10, 1994: He was returned to the custody of the Alabama Department of Corrections.
McCorvey asserted that his Alabama sentence began on August 22, 1991, which apparently is the date that he was taken into federal custody for violation of his federal probation; that he should have earned correctional incentive time credit on his state sentence pursuant to Ala.Code 1975, § 14-9-41, as if he were physically present in the Alabama prison system; and that if he was credited as he argued he should have been, he would have been released in September 1994. He further argued:
The record contains the Department's response to an inquiry by McCorvey in which it informed McCorvey that he had been returned to Alabama to complete his 10-year sentence and not for an escape and that McCorvey could not receive correctional incentive time for the time he was not in custody between December 12, 1992, the date of his release from federal custody, and November 10, 1994, the date he was returned to the custody of the Alabama Department of Corrections.
The state attached to its motion to dismiss McCorvey's petition the affidavit of the corrections records director of the Alabama Department of Corrections. She explained that because the Department had originally received information that McCorvey was in the custody of authorities in Fulton County, Georgia, the Department's detainer was placed with Georgia officials rather than with federal authorities; that she was notified on May 17, 1994, by the Alabama Board...
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...sentence continues to run while he is at liberty. See, also, Luther v. Vanyur, 14 F. Supp. 2d 773 (E.D.N.C. 1997); McCorvey v. State, 675 So. 2d 81 (Ala. Crim. App. 1995). Cf. Free v. Miles, 333 F.3d 550 (5th Cir. 2003) (holding that prisoner was not entitled to credit on federal sentence f......
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...Thus,the time should be credited as if the inmate was serving that time in confinement rather than at liberty." McCorvey v. State, 675 So.2d 81 (Ala.Cr.App.1995). "Where, however, the defendant has secured his liberty through some illegal or void means, or where he has been instrumental in ......
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