From Casetext: Smarter Legal Research

In re Fitzpatrick

Superior Court of New Jersey, Appellate Division
Jun 22, 1951
14 N.J. Super. 213 (App. Div. 1951)

Summary

combining of minima and maxima sentences for administrative purposes, including parole eligibility unauthorized absent statutory authority

Summary of this case from State v. Ellis

Opinion

Argued June 18, 1951 —

Decided June 22, 1951.

Before Judges McGEEHAN, JAYNE and Wm. J. BRENNAN, JR.

Mr. Rudolph Eisner argued the cause for petitioner-appellant.

Mr. Eugene T. Urbaniak, Deputy Attorney-General, argued the cause for the State ( Mr. Theodore D. Parsons, Attorney-General of New Jersey, attorney).


The judgment is affirmed for the reasons expressed in the opinion of Judge Hughes, 9 N.J. Super. 511 ( Cty. Ct. 1950). We assume that the Parole Board will grant relief from any manifest injustice so far as it is within its power, and if enabling legislation is necessary, that the Executive Department will seek the enactment of such legislation.


Summaries of

In re Fitzpatrick

Superior Court of New Jersey, Appellate Division
Jun 22, 1951
14 N.J. Super. 213 (App. Div. 1951)

combining of minima and maxima sentences for administrative purposes, including parole eligibility unauthorized absent statutory authority

Summary of this case from State v. Ellis
Case details for

In re Fitzpatrick

Case Details

Full title:IN THE MATTER OF THE APPLICATION OF MICHAEL FITZPATRICK FOR WRIT OF HABEAS…

Court:Superior Court of New Jersey, Appellate Division

Date published: Jun 22, 1951

Citations

14 N.J. Super. 213 (App. Div. 1951)
82 A.2d 8

Citing Cases

In re Clover

Such uniting of sentences was then illegal and beyond any authority possessed by the prison managers or the…

Zink v. Lear

The court has no authority to act in the premises. Cf. White v. Parole Board, 17 N.J. Super. 580 ( App. Div.…