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Hayward v. Danforth

The habeas court erred in finding that the trial court's revocation of the defendant's parole was not a violation of the doctrine of separation of powers.

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This Court granted Dante Hayward’s application for a certificate of probable cause to appeal the denial of his petition for a writ of habeas corpus, posing the single question of whether the habeas court erred in finding that the trial court’s revocation of Hayward’s parole was not a violation of the doctrine of separation of powers. For the reasons that follow, we reverse.

On March 27, 2007, Hayward pled guilty to drug charges in two cases in the Superior Court of Screven County, and received an aggregate sentence of twenty five years, with eight years to serve in prison, and seventeen years on probation. Hayward was released on parole on February 19, 2009.1 On July 1, 2010, the State filed a petition to revoke Hayward’s probation based on allegations that on June 24, 2010, he was arrested and charged with three new criminal offenses. On July 26, 2010, after a hearing, the trial court revoked the balance of Hayward’s aggregate sentence, calculating that the remaining time on his aggregate sentence was twenty years, three months, and eight days, which the court ordered Hayward to serve in the state penal system.

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