733 S.E.2d 235
Va.2012Background
- Dorr, a West Virginia prisoner, was serving WV time when transferred to Virginia in August 2009 under the Interstate Agreement on Detainers to face Virginia charges.
- Virginia sentencing ordered credit for time spent awaiting trial under Virginia Code § 53.1-187 and the Detainers framework; WV credit was also granted for August 2009 to April 2010.
- Dorr was convicted in Frederick County, VA on five offenses (three grand larceny, eluding, driving on a suspended license) and sentenced on April 22, 2010 to a total of five years plus 120 days, with four years suspended.
- VDOC later informed Dorr that he had not received credit for the August 2009–April 2010 period toward the Virginia sentence.
- Dorr argued that, under IAD and the concurrent “current with” language in WV order, he should receive credit toward his Virginia sentence for the Detention Center time.
- The circuit court dismissed the petition, holding Dorr not entitled to Virginia credit and that the mandamus petition had been mischaracterized as habeas corpus.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Credit for time served in VA Detention Center while WV detainer ongoing | Dorr argues he should receive VA credit for Aug 2009–Apr 2010. | Clarke argues credit was appropriately applied toward WV sentence; no concurrent Virginia credit. | Not entitled to Virginia credit for that period. |
| Effect of recharacterizing mandamus as habeas petition | Dorr contends recharacterization without notice violated Castro; limits on successive petitions. | Clarke recharacterized to habeas; procedural impact disputed. | Recharacterization without notice was error but harmless to result. |
| Scope of IAD time credits and concurrent sentences | WV order to run concurrently should entitle credit toward VA sentence. | IAD time credit runs with WV sentence; VA credit not allowed absent express concurrency. | Virginia credit not given for time in VA custody while serving WV sentence. |
Key Cases Cited
- Carroll v. Johnson, 278 Va. 683 (2009) (credit for time awaiting trial under detainers; time in VA custody serving another state's sentence)
- Castro v. United States, 540 U.S. 375 (2003) (recharacterization of pro se pleading requires notice and warning)
- Dorsey v. Angelone, 261 Va. 601 (2001) (warnings on habeas petition recharacterization; second or successive petitions)
- Daniels v. Warden of the Red Onion State Prison, 266 Va. 399 (2003) (limits on claims in initial habeas petition; warnings on recharacterization)
- Forbes v. Rapp, 269 Va. 374 (2005) (harmless error doctrine in habeas context)