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Harrington v. State - 2014 ME 88

Justia.com Opinion Summary: Glen Harrington pleaded guilty in 2012 to eluding an officer and admitted to violating the conditions of his probation. Harrington was sentenced to forty-eight months' imprisonment. The Department of Corrections subsequently determined that Harrington was eligible to receive seven days per month of good-time credits and that Harrington would be eligible to receive an additional two days per month for participation in transition-plan programs. Harrington appealed this determination, arguing that he was entitled, for the entire duration of his sentence, to the two days per month for participation in transition-plan programs. The post-conviction court summarily dismissed the petition on the basis that calculations of good time credits are not reviewable in post-conviction proceedings. Harrington appealed, arguing that his petition did not challenge a "calculation" of the credits but instead challenged the Department's policy of making the credit available to only to inmates at a certain point in their sentences. The Supreme Court affirmed, holding that the post-conviction court did not err in construing the Department's decision as a calculation of good-time credits and dismissing Harrington's petition.

Timothy E. Zerillo has been included in every edition of New England Super Lawyers since 2010, for his Super Lawyers page, go to http://www.superlawyers.com/maine/lawyer/Timothy-E-Zerillo/ab011be9-fc96-44e9-ad28-3956da48c1b4.html

Timothy E. Zerillo has a 10 out of 10 rating from AVVO.com - for his ratings page, go to http://www.avvo.com/attorneys/04112-me-timothy-zerillo-1844626.html

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