Frazier v. Moran

401 A.2d 1297, 121 R.I. 963, 1979 R.I. LEXIS 1902
CourtSupreme Court of Rhode Island
DecidedApril 20, 1979
DocketM. P. No. 79-100
StatusPublished

This text of 401 A.2d 1297 (Frazier v. Moran) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Frazier v. Moran, 401 A.2d 1297, 121 R.I. 963, 1979 R.I. LEXIS 1902 (R.I. 1979).

Opinion

This is a petition for habeas corpus, in which the petitioner seeks the appointment of counsel. The petitioner (Frazier) is presently incarcerated at the Adult Correctional Institutions because he violated the terms and conditions of his 1973 parole agreement. In his petition Frazier claims that G.L. 1956 (1969 Reenactment) §13-8-19, insofar as it requires a prisoner whose parole has been revoked to serve the remainder of his original sentence without being given any credit for the period while he was on parole, is violative of the federal constitutional guarantee of due process and its bar against double jeopardy.

We see no reason for the appointment of counsel because of our belief that an appropriate response to the petitioner’s contentions can be found in State v. Fazzano, 96 R.I. 472, 478, 194 A.2d 680, 684 (1963), and Rondoni v. Langlois, 89 R.I. 373, 376-77, 153 A.2d 163, 164-65 (1959).

Accordingly, the petition for habeas corpus with its accompanying motion are both denied and dismissed.

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Related

Rondoni v. Langlois
153 A.2d 163 (Supreme Court of Rhode Island, 1959)
State v. Fazzano
194 A.2d 680 (Supreme Court of Rhode Island, 1963)

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Bluebook (online)
401 A.2d 1297, 121 R.I. 963, 1979 R.I. LEXIS 1902, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frazier-v-moran-ri-1979.