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Judge schedules prisoner’s habeas petition for criminal-docket review after questions about sentence expiration
Summary
A habeas petition alleging expired sentence was placed on the criminal docket for the next Monday so the district attorney and public defender could investigate whether the inmate’s sentence had expired; the judge said release would follow if the sentence has in fact expired and no other holds exist.
Presiding Judge scheduled a petitioner’s writ of habeas corpus for review on the criminal docket call after the petitioner asserted he was being detained on a sentence that had expired.
The petitioner (identified in court as Mr. Allen) told the court his sentence had expired in 2022. The judge reviewed the petition filed in February 2023 and the attached judgment form showing an April 13, 2015 sentencing to eight years. The petitioner said his sentence had been completed in 2020 and that he had been violated for a community supervision matter and remained detained thereafter. The judge said there had been no service on the warden and no prior hearing and that the court would bring the matter up on Monday’s criminal docket so the district attorney’s office and the public defender could investigate whether the petitioner’s only sentence had expired.
The judge explained that if the investigation showed the petitioner was being held only on an expired sentence, he would order the petitioner’s release, but that the court needed the district attorney and public defender to verify the record before issuing such an order. The matter was set for Monday, January 13 (date as stated on the record) for further inquiry and potential resolution.
