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Marfeo v. Howard

Supreme Court of Rhode Island
Dec 23, 1970
271 A.2d 633 (R.I. 1970)

Opinion

M. P. No. 1208

December 23, 1970

Bevilacqua & Cicilline, John F. Cicilline, for petitioner.

Herbert F. DeSimone, Attorney General, Donald P. Ryan, Asst. Attorney, for respondent.


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.

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.


Summaries of

Marfeo v. Howard

Supreme Court of Rhode Island
Dec 23, 1970
271 A.2d 633 (R.I. 1970)
Case details for

Marfeo v. Howard

Case Details

Full title:JOSEPH A. MARFEO v. FRANCIS A. HOWARD, Warden

Court:Supreme Court of Rhode Island

Date published: Dec 23, 1970

Citations

271 A.2d 633 (R.I. 1970)
271 A.2d 633
1970 R.I. LEXIS 728