No. 19-6933

Elmuiz Abdu v. Harold W. Clarke, Director, Virginia Department of Corrections

Lower Court: Fourth Circuit
Docketed: 2019-12-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: attorney-general-opinion criminal-sentencing due-process equal-protection good-time-credit habeas-corpus jail-credit legislative-intent sentencing statutory-interpretation time-calculation time-served
Latest Conference: 2020-01-17
Question Presented (from Petition)

Base upon the case laws, rules, and the authority provided by the Genral Assermbly and the Attorney General, petitioner alleged the his jail good time credit and the ESC Level has been calculated incorrectly. Under the following argument below;

See 1972-1973 Op. Va. Att'y Gen. 313. "There is no question that a person convicted is entitled to credit for time spent awaiting trial... . [T]he legislature has made no distinction as to the location of the jail in which the individual is confined..."

See 1995 Va. AG LEXIS 67: "A prior opinion of the Attorney General concludes that it was the intention of the General Assermbly in passing the predecessor to § 53.1-187, "that an inmate be given credit for all the time spent in jail awaiting trial regardless of the jurisdiction so long as there is no duplication."

Question Presented (AI Summary)

Whether the petitioner's jail good time credit and ESC Level have been calculated incorrectly

Docket Entries

2020-01-21
Petition DENIED.
2019-12-30
DISTRIBUTED for Conference of 1/17/2020.
2019-12-20
Waiver of right of respondent Clarke, Director to respond filed.
2019-11-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 13, 2020)

Attorneys

Clarke, Director
Toby Jay HeytensOffice of the Attorney General, Respondent
Elmuiz Abdu
Elmuiz Abdu — Petitioner