SHAW v. HATRAK


164 N.J. Super. 414 (1978)

396 A.2d 1147

JAMES LEE SHAW, PETITIONER-APPELLANT, v. ROBERT S. HATRAK, SUPERINTENDENT, NEW JERSEY STATE PRISON, RAHWAY, AND THE NEW JERSEY STATE PAROLE BOARD, CHRISTOPHER DIETZ, CHAIRMAN, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 22, 1978.


Attorney(s) appearing for the Case

Messrs. Kaplan, Feingold and Kaplan, attorneys for appellant (Mr. Larry M. Radomski, on the brief).

Mr. John J. Degnan, Attorney General of New Jersey, attorney for respondents (Ms. Erminie L. Conley, Assistant Attorney General, of counsel; Mr. Eugene M. Schwartz, Deputy Attorney General, on the brief).

Before Judges SEIDMAN and BOTTER.


The opinion of the court was delivered by SEIDMAN, J.A.D.

Petitioner, an inmate at the Rahway State Prison, filed a petition for a writ of habeas corpus, alleging that the State Parole Board had improperly exercised its authority over him by revoking his parole after the expiration of his "maximum sentence date." The petition was summarily dismissed without a hearing by the Law Division judge.

The contentions on appeal are that (1) petitioner was entitled...

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