Thacker v. Garrison
| Decision Date | 06 October 1975 |
| Docket Number | No. 74--1518,74--1518 |
| Citation | 527 F.2d 1006 |
| Parties | Robert Lee THACKER, Appellant, v. Sam P. GARRISON, Warden, Central Prison, Raleigh, N.C. and State of North Carolina, Appellees. |
| Court | U.S. Court of Appeals — Fourth Circuit |
Stuart Stiller, Washington, D.C., Scott N. Fein (third-year law student) (Sherman L. Cohn, Washington, D.C. (court-appointed counsel), on brief), for appellant.
Richard N. League, Asst. atty. Gen. (Rufus L. Edmisten, Atty. Gen. of North Carolina, on brief), for appellees.
Before CLARK * United States Supreme Court Justice, Retired, HAYNSWORTH, Chief Judge, and FIELD, Circuit Judge.
Robert Lee Thacker, a North Carolina prisoner, seeks a certificate of probable cause to appeal the district court's denial of his petition for habeas corpus.
Briefly stated, the factual background is as follows. Thacker was arrested on March 10, 1971, and charged with two counts of assault. He was tried in the state court, and on June 21, 1971, was found guilty of both charges and received a sentence of nine to ten years in Case No. 71--CR--12806 and two years in Case No. 71--CR--12807. Thacker was committed to the State Department of Correction on June 23, 1971, to begin service of the nine- to ten-year sentence, with service of the two-year sentence to commence upon his completion of the longer sentence.
Thacker appealed both of these convictions and on June 26, 1972, the Supreme Court of North Carolina affirmed the conviction in Case No. 12807 (the two-year sentence), but reversed in Case No. 12806 () and remanded for a new trial. State v. Thacker, 281 N.C. 447, 189 S.E.2d 145 (1972). Incident to its disposition of the appeals, the court directed that Thacker's commitment be adjusted as follows:
Pursuant to the remand Case No. 12806 was retried and Thacker was found guilty. Upon this conviction he again received a nine- to ten-year sentence with the provision, however, that service thereof should commence upon Thacker's completion of the two-year sentence in Case No. 12807. Service of that sentence was completed on August 27, 1972, and, accordingly, on that date Thacker began serving the sentence imposed in Case No. 12806.
In his petition for habeas corpus Thacker claims that the time which he spent in service of his original nine- to ten-year sentence in Case No. 12806 must be credited against his present...
To continue reading
Request your trial
-
Steve v. Commissioner of Correction
...not intend its decision to be construed as entitling a prisoner to double credit for time served. See in accord, Thacker v. Garrison, 527 F.2d 1006 (4th Cir.1975) (per curiam)." Id., at Likewise in Thacker v. Garrison, supra, 527 F.2d at 1007-1008, where the petitioner's conviction and sent......
-
Lamar v. Tegels
...did not receive separate sentence credit on each originally concurrent sentence. Id. at 358-59. Another example is Thacker v. Garrison, 527 F.2d 1006, 1007 (4th Cir. 1975), in which the petitioner's conviction and sentence of nine to ten years was reversed on one count but the time he had a......
-
U.S. v. Markus, 641
...intend its decision to be construed as entitling a prisoner to Double credit for time served. 4 See in accord, Thacker v. Garrison, 527 F.2d 1006 (4th Cir. 1975) (per curiam). Appellant also argues that his sentence has been impermissibly increased in violation of the Due Process Clause. He......
-
Graham v. Commissioner of Correction
...supra, at 467-69, 665 A.2d 174, we based our ruling on United States v. Markus, 603 F.2d 409 (2d Cir.1979), and Thacker v. Garrison, 527 F.2d 1006 (4th Cir.1975) (per curiam), which ruled that North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969), precluded imposition......