(Download) "Earley v. Murray" by United States Court Of Appeals For The Sixth Circuit # eBook PDF Kindle ePub Free

eBook details

Title: Earley v. Murray
Author : United States Court Of Appeals For The Sixth Circuit
Release Date : January 09, 2006
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 57 KB

Description

Petitioner-Appellant Sean Earley was sentenced to six years incarceration pursuant to a plea agreement. Unbeknownst to Earley, his counsel, the prosecutor, and the sentencing judge, New York had recently passed a law mandating a term of post-release supervision ("PRS") for convictions such as Earleys. Subsequently, the New York Department of Correctional Services ("DOCS"), without informing Earley, administratively added a five-year PRS term to Earleys sentence. More than a year later, upon learning of this addition to his sentence, Earley moved in state court to have the sentence amended to reflect the plea agreement by removing any term of supervision. After the state courts denied his motion and his appeal, Earley filed a petition for a writ of habeas corpus in the Eastern District of New York. The district court (Edward R. Korman, Chief Judge) denied Earleys petition. This court granted a certificate of appealability, and we now vacate the district courts decision and remand the case.