· 6/9/2006
Sean Earley v. Timothy Murray
Citations
- 451 F.3d 71
- 2006 U.S. App. LEXIS 14337
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the DOCS practice of adding PRS to a sentence where Penal Law § 70.45 required it, but the sentencing judge had not imposed it, was unconstitutional
- “recognizing] differences between the facts of Wampler and those before us [in this case],” viz., that Wampler involved a sentencing decision that was “by law, within the discretion of the sentencing judge”
- stating a defendant on supervised release is “in custody” pursuant to his sentence for purposes of seeking habeas relief
- “Post-release supervision, admitting of the possibility of revocation and additional jail time, is considered to be ‘custody.’”
- “Post-release supervision, admitting of the possibility of revocation and additional jail time, is considered to be ‘custody.’”
- “Post-release supervision, admitting of the possibility of revocation and additional jail time, is considered to be ‘custody.’”
Source: CourtListener parenthetical corpus (CC0).
Judges: Walker, Leval, Sotomayor
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.