Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Help support the publication of case reports on MoreLaw
Darren Dee Goldsmith v. Bob Olson, Program Administrator, S.T.A.R.T.
Date: 12-17-2024
Case Number: OP 24-0622
Judge: Not Available
Court: First Judicial District Court, Lewis and Clark County, Montana
Plaintiff's Attorney: Montana Attorney General's Office
Defendant's Attorney:
Click Here For The Best Helena Criminal Defense Lawyer Directory
Description:
Darren Dee Goldsmith, Sr. has filed a Petition for Writ of Habeas Corpus, claiming he is due additional credit toward his current sentence of at least 655 days. In compliance with this Court's November 6,2024 Order, the Department of Corrections (the Department or DOC) responds that the Department has corrected his custodial release date and that he is not due additional elapsed time credit.
The Department and Goldsmith provide his history, which we summarize here. In the First Judicial District Court, Lewis and Clark County, the State charged Goldsmith with two counts of assault with a weapon in July 2013 He pleaded guilty to both counts the next spring, and the court held a sentencing hearing The District Court imposed two, concurrent prison terms of twenty years with fifteen years suspended. The court also awarded credit for time served from July 1,2013 to July 24, 2014.
On August 10, 2023, the District Court issued a written order that revoked Goldsmith's suspended sentence for absconding. The court imposed two, concurrent terms of fifteen years, all suspended. The court awarded credit for time served from June 22, 2023 to August 10,2023, and credit for street time from June 29, 2018 to April 22, 2021.[1
* * *
CRIMINAL PROCEDURE. HABEAS CORPUS PETITION. The case involves a petition for a writ of habeas corpus concerning the calculation of street time credit for a prison sentence, where the petitioner argues for additional credit due to alleged errors in the documented end dates of his credit period, affecting his prison discharge date.
CRIMINAL PROCEDURE. SENTENCE CALCULATION. The court addressed whether the petitioner was entitled to additional street time credit for a period during which he had absconded from supervision and whether a scrivener's error regarding date entries justified a partial grant of his petition for correction of the sentence credit timeline.
Key Phrases Writ of Habeas Corpus. Credit for time served. Street time credit. Sentence calculation. Absconded from supervision.
Helena, Montana criminal defense lawyer represented the Plaintiff seeking a writ of habeas corpus.
Darren Dee Goldsmith, Sr. has filed a Petition for Writ of Habeas Corpus, claiming he is due additional credit toward his current sentence of at least 655 days. In compliance with this Court's November 6,2024 Order, the Department of Corrections (the Department or DOC) responds that the Department has corrected his custodial release date and that he is not due additional elapsed time credit.
The Department and Goldsmith provide his history, which we summarize here. In the First Judicial District Court, Lewis and Clark County, the State charged Goldsmith with two counts of assault with a weapon in July 2013 He pleaded guilty to both counts the next spring, and the court held a sentencing hearing The District Court imposed two, concurrent prison terms of twenty years with fifteen years suspended. The court also awarded credit for time served from July 1,2013 to July 24, 2014.
On August 10, 2023, the District Court issued a written order that revoked Goldsmith's suspended sentence for absconding. The court imposed two, concurrent terms of fifteen years, all suspended. The court awarded credit for time served from June 22, 2023 to August 10,2023, and credit for street time from June 29, 2018 to April 22, 2021.[1
* * *
CRIMINAL PROCEDURE. HABEAS CORPUS PETITION. The case involves a petition for a writ of habeas corpus concerning the calculation of street time credit for a prison sentence, where the petitioner argues for additional credit due to alleged errors in the documented end dates of his credit period, affecting his prison discharge date.
CRIMINAL PROCEDURE. SENTENCE CALCULATION. The court addressed whether the petitioner was entitled to additional street time credit for a period during which he had absconded from supervision and whether a scrivener's error regarding date entries justified a partial grant of his petition for correction of the sentence credit timeline.
Key Phrases Writ of Habeas Corpus. Credit for time served. Street time credit. Sentence calculation. Absconded from supervision.
Outcome:
Reversed and remanded.
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of Darren Dee Goldsmith v. Bob Olson, Program Administrator,...?
The outcome was: Reversed and remanded.
Which court heard Darren Dee Goldsmith v. Bob Olson, Program Administrator,...?
This case was heard in First Judicial District Court, Lewis and Clark County, Montana, MT. The presiding judge was Not Available.
Who were the attorneys in Darren Dee Goldsmith v. Bob Olson, Program Administrator,...?
Plaintiff's attorney: Montana Attorney General's Office. Defendant's attorney: Click Here For The Best Helena Criminal Defense Lawyer Directory.
When was Darren Dee Goldsmith v. Bob Olson, Program Administrator,... decided?
This case was decided on December 17, 2024.