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· 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 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.