· 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 CourtListenerSourced 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.