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733 S.E.2d 235
Va.
2012
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Background

  • 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)
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Case Details

Case Name: Dorr v. Clark
Court Name: Supreme Court of Virginia
Date Published: Nov 1, 2012
Citations: 733 S.E.2d 235; 284 Va. 514; 112131
Docket Number: 112131
Court Abbreviation: Va.
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