Woods v. Whyte, No. 14203
| Court | Supreme Court of West Virginia |
| Writing for the Court | NEELY |
| Citation | 162 W.Va. 157,247 S.E.2d 830 |
| Parties | Paul WOODS et al. v. William WHYTE, Supt., Huttonsville Correctional Center, et al. |
| Decision Date | 10 October 1978 |
| Docket Number | No. 14203 |
Page 830
v.
William WHYTE, Supt., Huttonsville Correctional Center, et al.
Syllabus by the Court
1. In a habeas corpus proceeding where prisoners allege but do not prove that they are being illegally held, relief will be denied.
2. The statutes establishing good time credit for inmates, W.Va.Code, 28-5-27a (1951) and 28-5-28 (1977) were intended by the Legislature to enhance prison discipline and do not contemplate good time credit for parolees.
John G. Ours, Petersburg, for relators.
Chauncey H. Browning, Atty. Gen., Pamela D. Tarr, Asst. Atty. Gen., Charleston, for respondents.
[162 W.Va. 158] NEELY, Justice:
The Court granted this original writ of habeas corpus for the purpose of evaluating two claims: first, that relators' prison discharge dates have been computed in a way which extends prison service beyond the expiration of their sentences, and second, that good-time credit is illegally withheld from parolees. We hold that relators have not sustained their allegations concerning extended terms of sentence and that the statutes establishing good-time credit and parole do not contemplate good time for parolees. Consequently, we deny relief.
The relators are convicted felons who were returned to the Huttonsville Correctional Facility after violating parole. They allege in their brief that upon return, their sentences were increased by the amount of good time they would have earned had they remained in custody. After examination of respondents' detailed affidavits, we find that this is not the case. Relators' mistake is understandable, however, given the complexity of the good-time computation system. 1 Under W.Va.Code,
Page 831
28-5-27 (1923) and 28-5-27a (1951), 2 there are two types of good time available:[162 W.Va. 159] 1) Law-Allowable Good Time W.Va.Code, 28-5-27 (1923): This authorizes as much as 10 days per month for inmates who have not violated any prison rules in a given month.
2) Warden's Good Time W.Va.Code, 28-5-27a (1951): This authorizes the warden to grant additional good time at his discretion which he appears to have set at 41/2 days per month.
Based upon these statutes, three hypothetical discharge dates can be calculated for an inmate when he is admitted to the Facility:
I) Full-Time date The day on which the inmate will have served his maximum sentence. The Facility cannot hold an inmate beyond this date.
II) Expiration date The date an inmate will be released if he earns all of his law-allowable good time. An inmate with no infractions against him will be released on this date by operation of law.
III) Minimum discharge date The earliest date an inmate can be released unless he is sooner paroled. This projection assumes that the maximum of both law-allowable and warden's good time will be earned.
In order to be released on the minimum discharge date, an inmate must earn the maximum amount of [162 W.Va. 160] good...
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State ex rel. Bailey v. STATE DIV. OF CORP., No. 31148.
...than an inmate has served. First we note that good time "is designed to advance the goal of improved prison discipline." Woods v. Whyte, 162 W.Va. 157, 160, 247 S.E.2d 830, 832 (1978) (citation and footnote omitted); accord, State ex rel. Valentine v. Watkins, 208 W.Va. 26, 32, 537 S.E.2d 6......
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State ex rel. Valentine v. Watkins, No. 27444.
...to its understanding and application. Good time "is designed to advance the goal of improved prison discipline." Woods v. Whyte, 162 W.Va. 157, 160, 247 S.E.2d 830, 832 (1978) (citation omitted) (footnote omitted). More specifically, "[t]he purpose of awarding good time credit is to encoura......
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State ex rel. Gillespie v. Kendrick, No. 14731
...Code, 28-5-27 (1923), 2 was similar in construction and wording to the county jail statute when interpreted in Woods v. Whyte, W.Va., 247 S.E.2d 830 1) Law-Allowable Good Time W.Va. Code, 28-5-27 (1923): This authorizes as much as 10 days per month for inmates who have not violated any pris......
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Echard v. Holland, No. 17004
...where prisoners allege but do not prove that they are being illegally held, relief will be denied." Syl. pt. 1, Woods v. Whyte, 162 W.Va. 157, 247 S.E.2d 830 (1978). 2. "An inmate under two or more consecutive sentences shall be allowed good time as if the several sentences, when the maximu......
-
State ex rel. Bailey v. STATE DIV. OF CORP., No. 31148.
...than an inmate has served. First we note that good time "is designed to advance the goal of improved prison discipline." Woods v. Whyte, 162 W.Va. 157, 160, 247 S.E.2d 830, 832 (1978) (citation and footnote omitted); accord, State ex rel. Valentine v. Watkins, 208 W.Va. 26, 32, 537 S.E.2d 6......
-
State ex rel. Valentine v. Watkins, No. 27444.
...to its understanding and application. Good time "is designed to advance the goal of improved prison discipline." Woods v. Whyte, 162 W.Va. 157, 160, 247 S.E.2d 830, 832 (1978) (citation omitted) (footnote omitted). More specifically, "[t]he purpose of awarding good time credit is to encoura......
-
State ex rel. Gillespie v. Kendrick, No. 14731
...Code, 28-5-27 (1923), 2 was similar in construction and wording to the county jail statute when interpreted in Woods v. Whyte, W.Va., 247 S.E.2d 830 1) Law-Allowable Good Time W.Va. Code, 28-5-27 (1923): This authorizes as much as 10 days per month for inmates who have not violated any pris......
-
Echard v. Holland, No. 17004
...where prisoners allege but do not prove that they are being illegally held, relief will be denied." Syl. pt. 1, Woods v. Whyte, 162 W.Va. 157, 247 S.E.2d 830 (1978). 2. "An inmate under two or more consecutive sentences shall be allowed good time as if the several sentences, when the maximu......