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eBook details

• Title: Earley v. Murray
• Author : United States Court Of Appeals For The Sixth Circuit
• Release Date : January 31, 2006
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 54 KB

Description

Respondent-appellee petitions for rehearing of a June 9, 2006, opinion of this court vacating the judgment of the United States District Court for the Eastern District of New York denying petitioner-appellant Sean Earleys petition for a writ of habeas corpus. Respondent-appellee argues that rehearing in this case is warranted because this courts decision (1) was based on an inaccurate understanding of the operation of New York law and (2) will call into question the validity of the post-release supervision ("PRS") elements of numerous sentences. Upon review, we adhere to our view that the inclusion of a five-year period of PRS in Earleys sentence when that PRS was not included in the sentence imposed at Earleys sentencing hearing violated his rights under the Due Process Clause of the United States Constitution.

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