SCOV Law

By Andy Delaney Two opinions Friday, both about credit, but in very different contexts.  In our first case, the credit is for time served. Mr. Davila blew off his furlough and a warrant was issued for his arrest. He was arrested in Massachusetts and spent 490 days in the pokey there for both Vermont's warrant and local charges. He wanted that time to count toward his Vermont sentence so he filed a petition requesting as much. The trial court denied credit, siding with the Department of Corrections. The trial court reasoned that under the law, petitioner couldn’t get credit for days spent out of state while an arrest warrant was outstanding, and he wasn’t "awaiting transportation" to Vermont while Massachusetts still had pending charges. So, the trial court granted summary judgment to the State, rejecting petitioner's claim for credit for the Massachusetts jail time.  He appeals.   On appeal, a slim SCOV majority agrees with the trial court. Only after Massachusetts r...