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Prior To Reversal And Reconviction, California Prison Credits, Not Jail Credits, Apply
Loaded on April 15, 2004
published in Prison Legal News
April, 2004, page 43
Prior To Reversal And Reconviction, California Prison Credits, Not Jail Credits, Apply
The California Supreme Court held that when a prisoner's conviction is overturned on appeal, and a new conviction is obtained upon retrial, the time that was served in prison prior to the reversal counts against the new conviction …
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More from this issue:
- Jails for Jesus, by Samantha M. Shapiro
- City Immune in California Drunk Tank Beating Suit Because Prisoner Was Criminal, Not Civil Detainee
- Kansas Gift Subscription Ban Rejected by State Court But Upheld By Federal Court, by John E Dannenberg
- From the Editor, by Paul Wright
- Alabama Restores Voting Rights to Some Ex-Prisoners
- Another Death in a Wisconsin Prison, by Gary Hunter
- PLRA Fee Payments Cease Upon Release from Prison
- Thirty-Two Years of Resistance: Free the Angola Three!, by Shana Griffin
- Thirty Years in Segregation May State Claim, by Michael Rigby
- First Circuit Holds ADA Title II Abrogated State Sovereign Immunity, by Bob Williams
- Prison Nation Wins Human Rights Award
- BOP, FBI Investigations in Texas, Oregon, Arizona, and California Federal Prisons, by Michael Rigby
- Sixth Circuit: Claims Against Parole Procedures Cognizable Under § 1983
- Disarray in Colorado: Prisoners Hurt by Host of Problems, by Bob Williams
- $475,000 Settlement for Wrongly Convicted Indiana Ex-Con
- Eighteen Indicted for Drug Smuggling and Weapons Possession Inside Puerto Rican Prisons, by Lonnie Burton
- Brooklyn MDC Guard Pleads Guilty to Raping Prisoner
- New York Prisoner Awarded $435,000 in Tire Accident
- The Soft Cage: Surveillance in America, From Slave Passes to the War on Terror, by Scott Christianson
- Asset Forfeiture Defense Manual, by John E Dannenberg
- California Parole Violators' Due Process Rights Upheld in Settlement
- Former Warden and Two Jailers Sentenced for Philadelphia Jail Beating
- Mississippi Death Row Conditions Unconstitutional; Sweeping Reforms Ordered, by Bob Williams
- Constitutional Amendment Effort Launched to Bar Florida's Prison Privatization, by David Reutter
- Canadian Prisoner Dies After Drinking Drug-Laced Vomit, Others Charged, by Michael Rigby
- Permanent Injunction Requires Full HCV Retreatment for Florida Prisoner, by John E Dannenberg
- Disabled Missouri Prisoner Awarded Backpay after Passing GED Test
- Brief Statement of Operative Facts Satisfies Texas Pleading Requirement
- Texas Prisoners Have Right to Judicial Review of Administrative Finding
- Jail Rape Results in Reduced Sentence
- Court Questions Federal Assault Conviction on Private Prison Guard
- A Culture of Prosecutorial Misconduct, by Peter Schmidt
- California Presentencing Credits Upheld For Jail Time in Another County, by John E Dannenberg
- Blind Prisoner Must Exhaust Administrative Remedies
- Impeding Grievance Exhaustion May Violate Access to Courts
- § 1983 Disciplinary Challenge Available to Parolee Because Habeas Would Be Moot, by John E Dannenberg
- Mentally Incapacitated Oregon Pretrial Detainees Denied Due Process
- Virginia Drug Treatment Program Still Violates Establishment Clause
- $108,352 Attorney Fee Award Approved in California Prisoner ADA/RA Suit, by John E Dannenberg
- Washington DOC/King County Settles Negligent Supervision Case for $3.1 Million
- Fighting for Fair Phone Rates, by Deborah M Golden
- Supplemental Parole Violation Warrant Filed After Sentence Expiration Illegal
- California Initial Cell Assignments By Race Upheld, U.S. Supreme Court Grants Review, by John E Dannenberg
- Wisconsin Pro Se Co-Plaintiffs Must Maintain Separate § 1983 Actions
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- News in Brief
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More from these topics:
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- Oregon Supreme Court: Jail Credit Statute Focuses Upon Legal Custody Not Physical Custody Location, July 1, 2026. Civil Procedure, Sentencing, Appeals/Appellate Jurisdiction, Criminal Justice, Statutory Construction/Interpretation.
- Louisiana’s Atavistic Approach to Criminal Sentencing and Parole Demonstrates Politicians’ Failure to Learn from Past Mistakes, July 1, 2026. Medical, Conditions of Confinement, Sentencing, Parole, Prisoners' Rights.
- Colorado Ordered to Stop Tossing Prisoners in Solitary for Refusing to Work, July 1, 2026. Prison Labor, Injunctions, Good Time, Constitution, state, Administrative Detention/Segregation.
- Two More Guards Face Prison Time for Messiah Nantwi Killing, June 1, 2026. Guard Misconduct, Guard Brutality/Beatings, Sentencing, Excessive Force (Wrongful Death), Plea Agreements/Guilty Pleas.
- SCOTUS Announces Sentencing Reform Act Does Not Authorize Automatic Extension of Supervised Release When Defendant Absconds, Resolving Circuit Split, April 1, 2026. Sentencing, Revocation/Modification of Probation, etc., Statutory Construction/Interpretation, Sentences - Corrections or Modifications of, Probation, Parole & Supervised Release.
- Texas State Jails Fail: Institutions Conceived as Safe Spots for Rehabilitation After Minor Drug Convictions Now Flooded With Drugs and Major Felons, March 1, 2026. Drug Overdose, Staffing, Rehabilitation/Recidivism, Good Time, Drug Treatment/Rehab.
- Alabama Supreme Court Denies DOC’s Improper Venue Objection, Jan. 1, 2026. Defenses, Good Time, Habeas Corpus, Failure to Object, Authority and Jurisdiction.
- Third Circuit Rules Awarding BOP Prisoners 54 Days of Good Time Per Year Is Pro-Rated, Jan. 1, 2026. Good Time, First Step Act, Bureau of Prisons (BOP), Statutory Construction/Interpretation, Credits.
- CDCR May No Longer Use Sentence Credits to Advance Parole Eligibility of Some California Prisoners Serving Indeterminate Sentences, Dec. 1, 2025. Good Time, Constitution, state, Sentence, Credits, Reduction of Prison Population.

