green
Positive treatment
Quoted verbatim 1×
5.3 score
“parole eligibility constitutes part of punishment”
Treatment trajectory · 1980 → 2026 · click a year to view as-of
1980
2003
2026
Top citers, strongest first. 9 distinct citers.
How cited ↗
discussed
Cited "but see"
State v. Baker
But cf. Breast v. Helgemoe, 579 F. 2d 95, 101 (1st Cir.) (expressing in dictum the court's "concern that the power of a sentencing court to correct even a statutorily invalid sentence must be subject to some temporal limit"), cert. denied, 439 U.S. 933 , 99 S.Ct. 327 , 58 L.Ed. 2d 329 (1978).
discussed
Cited as authority (quoted)
C.T. Akins, Jay M. Fate, Michael Schroeder v. Wayne Snow, Jr., Chairman State Board of Pardons & Paroles
parole eligibility constitutes part of punishment
cited
Cited "see"
United States v. Rico, Appeal of Elizabeth Baron, A/K/A \Yolanda Mercado\""
See Breest v. Helgemoe, 579 F.2d 95, 101 (1st Cir.), cert. denied, 439 U.S. 933 , 99 S.Ct. 327 , 58 L.Ed.2d 329 (1978).
discussed
Cited "see"
United States v. Leonard Bobby Ortega
See Breest v. Helgemoe, 579 F.2d 95, 101 (1st Cir.) (suggesting possible due process limitation on time to correct even a statutorily invalid sentence), cert. denied, 439 U.S. 933 , 99 S.Ct. 327 , 58 L.Ed.2d 329 (1978).
discussed
Cited "see"
United States v. Patrick Henry Earley
(2×)
See Breest v. Helgemoe, 579 F.2d 95, 101 (1st Cir.), cert. denied, 439 U.S. 933 , 99 S.Ct. 327 , 58 L.Ed.2d 329 (1978) (addressing due process issue) Using the due process analysis suggested in Breest and by the Fourth Circuit in United States v. Lundien, 769 F.2d 981 (4th Cir.1985), supra note 7, Earley clearly had a conditionally "date certain" or "crystallized" expectation regarding the length of his sentence no later than March 28, 1985, when he appeared with counsel before the parole commission and it established a release date for him. 1 The judge's May 3, 1985 clarification order was to…
discussed
Cited "see"
Lincoln Isaac v. Ted Engle, Superintendent
(2×)
See Breest v. Helgemoe, 579 F.2d 95 (1st Cir.), cert. denied, 439 U.S. 933 , 99 S.Ct. 327 , 58 L.Ed.2d 329 (1978); United States v. Williams, 475 F.2d 355 (D.C.Cir.1973). 35 Accordingly, the judgment of the district court is reversed and the case is remanded.
discussed
Cited "see, e.g."
State v. Humes
See also Breest v. Helgemoe, 579 F.2d 95, 101 (1st Cir.), cert. denied, 439 U.S. 933 , 99 S.Ct. 327 , 58 L.Ed.2d 329 (1978) (stating that, after a substantial period of time, it might be violative of due process for a court to correct even a statutorily invalid sentence in a way which frustrates a prisoner's expectations).
cited
Cited "see, e.g."
United States v. Whitty
See also Breest v. Helgemoe, 579 F.2d 95, 102 (1st Cir.), cert. denied, 439 U.S. 933 , 99 S.Ct. 327 , 58 L.Ed.2d 329 (1978).
cited
Cited "see, e.g."
United States v. Carl P. Fogel
See also Breest v. Helgemoe, 579 F.2d 95, 101 (1st Cir.), cert, denied, 439 U.S. 933 , 99 S.Ct. 327 , 58 L.Ed.2d 329 (1978) (pre-DiFrancesco case applying due process analysis to resentencing). 11 .
Retrieving the full opinion text from the archive…
Breest
v.
Helgemoe, Warden
v.
Helgemoe, Warden
No. 78-5339.
Supreme Court of the United States.
Oct 30, 1978.
Published
Citer courts: Eleventh Circuit (1)
C. A. 1st Cir. Certiorari denied.