Thursday, January 6, 2011

King v. Brown

King v. Brown, No. 7:10cv405, 2010 WL 5478476 (W.D. Va. Dec. 30, 2010):

The right to credit for pretrial jail time served is constitutionally mandated. Durkin v. Davis, 538 F.2d 1037, 1039 (4th Cir.1976). Moreover, Virginia law also mandates that a person sentenced to a prison term receive credit for jail time served awaiting trial. See Va.Code Ann. § 53.1-187. On the other hand, “[a] logical, commonsense reading [of § 53.1-187] supports the interpretation that this section applies to time spent in pretrial detention on charges that result in conviction.” Wallace v. Jarvis, ---F.Supp.2d ----, Case No. 7:09cv00426, 2010 WL 2989846, at *4 (W.D.Va. July 30, 2010) (Wilson, D.J.). There is no constitutional or statutory right to credit for pretrial detention served related to separate charges. Id. at *3-4.

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