Marfeo v. Howard

Supreme Court of Rhode Island

Marfeo v. Howard

271 A.2d 633, 108 R.I. 905, 1970 R.I. LEXIS 728

CourtSupreme Court of Rhode Island

DecidedDecember 23, 1970

DocketM. P. No. 1208

StatusPublished

This text of 271 A.2d 633 (Marfeo v. Howard) 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

Marfeo v. Howard, 271 A.2d 633, 108 R.I. 905, 1970 R.I. LEXIS 728 (R.I. 1970).

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Opinion

Petition for habeas corpus wherein the petitioner seeks his release from the Adult Correctional Institutions. On October 22, 1970, at the conclusion of a hearing held in the Superior Court, a trial justice of that court found that the petitioner had violated the terms of a deferred sentence previously given him. The trial justice then remanded the petitioner to the Adult Correctional Institutions pending the receipt by the court of psychiatric and presentence reports. This petition followed.

Bevilacqua <& Cicilline, John F. Cicilline, for petitioner. Herbert F. DeSimone, Attorney General, Donald P. Ryan, Asst. Attorney, for respondent.

Examination of the transcript of the Superior Court hearing held relative to the petitioner’s alleged misbehavior fails to disclose any legal basis for the trial justice’s finding that petitioner was a deferred- sentence violator.

Accordingly, the respondent warden is hereby ordered to release and discharge the petitioner from his custody forthwith.

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Petition for habeas corpus wherein the petitioner seeks his release from the Adult Correctional Institutions. On October 22, 1970, at the conclusion of a hearing held in the Superior Court, a trial justice of that court found that the petitioner had violated the terms of a deferred sentence previously given him. The trial justice then remanded the petitioner to the Adult Correctional Institutions pending the receipt by the court of psychiatric and presentence reports. This petition followed.

Bevilacqua <& Cicilline, John F. Cicilline, for petitioner. Herbert F. DeSimone, Attorney General, Donald P. Ryan, Asst. Attorney, for respondent.

Examination of the transcript of the Superior Court hearing held relative to the petitioner’s alleged misbehavior fails to disclose any legal basis for the trial justice’s finding that petitioner was a deferred- sentence violator.

Accordingly, the respondent warden is hereby ordered to release and discharge the petitioner from his custody forthwith.

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Bluebook (online)

271 A.2d 633, 108 R.I. 905, 1970 R.I. LEXIS 728, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marfeo-v-howard-ri-1970.