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· 6/19/1978

Chalifoux v. Commissioner of Correction

Citations

  • 377 N.E.2d 923
  • 375 Mass. 424
  • 1978 Mass. LEXIS 1001

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • in cases concerning the computation of sentences, “where no statute was controlling, we have been guided by considerations of fairness and a proper sense of justice”
  • fairness and justice are appropriate considerations in deciding whether and to what extent credit should be given for time spent in custody
  • de-tainer and refusal to accept prisoner from foreign jurisdiction entitle prisoner to credit against domestic sentence
  • constructive custody suggested where Massachusetts refused to accept prisoner from California because of overcrowded conditions; but case decided on fairness grounds
  • due process requires credit for time served in California where Massachusetts declined to receive prisoner on transfer and declined to credit him with time served on a concurrent sentence
  • credit for time served required where Commonwealth did not promptly advise prisoner serving out-of- State sentence intended to run concurrently with Massachusetts State sentence of Commonwealth's refusal to receive him on transfer

Source: CourtListener parenthetical corpus (CC0).

Judges: Hennessey, Kaplan, Wilkins, Liacos, Abrams

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.