Gaskins v. Clarke (ORDER)

Syllabus

07/25/2024 Upon consideration of a petition for a writ of habeas corpus, petitioner's argument that Code § 53.1-187 requires his Virginia sentence be credited for time spent incarcerated in Maryland is without merit he has not demonstrated being housed in a state or local correctional facility as defined by Code § 53.1-1 while confined there and has not established entitlement to credit toward his Virginia sentence for that confinement. The further argument that the Due Process Clause requires his Virginia sentence be credited for time he spent incarcerated in Maryland is also without merit. Although Virginia obtained primary jurisdiction over petitioner when it arrested and later convicted him on a charge in Fairfax County, it relinquished that primary jurisdiction when it released him on bail pending appeal. Maryland then obtained primary jurisdiction when it arrested petitioner on the Prince George's charges. Only after the charges were dismissed did Maryland relinquish that authority. Consistent with these changes in authority, he has received credit for the time spent incarcerated in Maryland after charges were dismissed. Due Process does not require granting credit toward his Virginia sentence for time spent incarcerated on charges subject to Maryland authority. His argument that failure to award the sentence credit would violate the Fifth Amendment's prohibition on double jeopardy is not properly before this Court as it was not raised in the initial petition and petitioner has not sought nor been granted leave to amend to include this claim. The petition is dismissed.