{ "id": 8718002, "name": "Terry Lenn CLAWITTER v. A.L. LOCKHART, Director, Arkansas Department of Correction, and ARKANSAS DEPARTMENT OF CORRECTION", "name_abbreviation": "Clawitter v. Lockhart", "decision_date": "1985-05-20", "docket_number": "CR 85-11", "first_page": "131", "last_page": "133", "citations": [ { "type": "official", "cite": "286 Ark. 131" }, { "type": "parallel", "cite": "689 S.W.2d 558" } ], "court": { "name_abbreviation": "Ark.", "id": 8808, "name": "Arkansas Supreme Court" }, "jurisdiction": { "id": 34, "name_long": "Arkansas", "name": "Ark." }, "cites_to": [ { "cite": "355 F. Supp. 1359", "category": "reporters:federal", "reporter": "F. Supp.", "case_ids": [ 3463487 ], "year": 1973, "pin_cites": [ { "page": "1363" } ], "opinion_index": 0, "case_paths": [ "/f-supp/355/1359-01" ] }, { "cite": "88 L.Ed. 1581", "category": "reporters:federal", "reporter": "L. Ed.", "year": 1973, "opinion_index": 0 }, { "cite": "64 S. Ct. 1262", "category": "reporters:federal", "reporter": "S. Ct.", "year": 1973, "opinion_index": 0 }, { "cite": "322 U.S. 751", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 6156043, 6156083, 6156115, 6156319 ], "year": 1973, "opinion_index": 0, "case_paths": [ "/us/322/0751-01", "/us/322/0751-02", "/us/322/0751-03", "/us/322/0751-04" ] }, { "cite": "141 F.2d 480", "category": "reporters:federal", "reporter": "F.2d", "case_ids": [ 3694781 ], "year": 1944, "opinion_index": 0, "case_paths": [ "/f2d/141/0480-01" ] }, { "cite": "503 F.2d 1367", "category": "reporters:federal", "reporter": "F.2d", "case_ids": [ 104009 ], "year": 1974, "pin_cites": [ { "page": "1368" } ], "opinion_index": 0, "case_paths": [ "/f2d/503/1367-01" ] }, { "cite": "386 U.S. 738", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 6182629 ], "year": 1967, "opinion_index": 0, "case_paths": [ "/us/386/0738-01" ] } ], "analysis": { "cardinality": 259, "char_count": 3014, "ocr_confidence": 0.872, "pagerank": { "raw": 4.89950402824256e-08, "percentile": 0.30870873166736745 }, "sha256": "17e5d7613c2d060057e5d62b45e76f02dcda9549dc6413122d15e1db36eac1ab", "simhash": "1:60a8993e8538475a", "word_count": 496 }, "last_updated": "2023-07-14T20:29:09.553890+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "Terry Lenn CLAWITTER v. A.L. LOCKHART, Director, Arkansas Department of Correction, and ARKANSAS DEPARTMENT OF CORRECTION" ], "opinions": [ { "text": "Per Curiam.\nAppellant Terry Len Clawitter, who was sentenced as a habitual offender to a term of imprisonment in the Arkansas Department of Correction, was determined by the Department to be ineligible for parole under Act 93 of 1977, Ark. Stat. Ann. \u00a743-2828,43-2829 (Repl. 1977/Supp. 1983), until he served three-fourths of his sentence with credit for good time. Appellant challenged the Department\u2019s determination regarding his parole eligibility in a petition for writ of mandamus in which he asked the trial court to enter a declaratory judgment ordering the Department not to compute his parole eligibility in accordance with Act 93. He contended that Act 93 violates Ark. Stat. Ann. \u00a7 41-105 (Repl. 1977) and the constitutional provision against double jeopardy. Appellant did not question the validity of the sentences imposed upon him. The trial court denied the petition and appellant brings this appeal.\nPursuant to Anders v. California, 386 U.S. 738 (1967), appellant\u2019s counsel has filed a motion to be relieved and a brief stating there is no merit to the appeal. Appellant was notified of his right to file a pro se brief within 30 days. See Rules of the Supreme Court, Rule 11(h), Ark. Stat. Ann. Vol. 3A (Supp. 1983). He did not file a brief. The State concurs that the appeal has no merit.\nArk. Stat. Ann. \u00a7 41-105 (Repl. 1977), which prescribes the method of prosecution when conduct constitutes more than one offense, embodies protections against double jeopardy found in the Fifth Amendment to the United States Constitution and Article II, Section VIII of the Arkansas Constitution. Appellant argued that \u00a7 41-105 was violated on the ground that Act 93 imposed another punishment beyond that imposed by the trial court. Denial of parole, however, is not a new punishment. As the court said in Roach v. Board of Pardons & Paroles, State of Arkansas, 503 F.2d 1367, 1368 (8th Cir. 1974):\n. . . parole is a supervised release from incarceration prior to the termination of sentence. Conversely, the denial of parole has the effect of perpetuating the status quo, i.e., continued incarceration during the term of sentence. Therefore, such denial does not give rise to multiple punishment for the same offense. United States ex rel. Jacobs v. Barc, 141 F.2d 480 (6th Cir. 1944), cert. denied, 322 U.S. 751, 64 S. Ct. 1262, 88 L.Ed. 1581; Carlisle v. Besinger, 355 F. Supp. 1359, 1363 (D.C. Ill. 1973).\nAppellant was not placed in double jeopardy by the application of Act 93 to his sentence.\nFrom a review of the record and briefs before this Court, we find the appeal to be without merit. Accordingly, counsel\u2019s motion to be relieved is granted and the judgment is affirmed.\nAffirmed.", "type": "majority", "author": "Per Curiam." } ], "attorneys": [ "Bennie O\u2019Neil, for appellant.", "Steve Clark, Att\u2019y Gen., by: Theodore Holder, Asst. Att\u2019y Gen., for appellee." ], "corrections": "", "head_matter": "Terry Lenn CLAWITTER v. A.L. LOCKHART, Director, Arkansas Department of Correction, and ARKANSAS DEPARTMENT OF CORRECTION\nCR 85-11\n689 S.W.2d 558\nSupreme Court of Arkansas\nOpinion delivered May 20, 1985\nBennie O\u2019Neil, for appellant.\nSteve Clark, Att\u2019y Gen., by: Theodore Holder, Asst. Att\u2019y Gen., for appellee." }, "file_name": "0131-01", "first_page_order": 157, "last_page_order": 159 }