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WILLIAM M. NICASTRO v. JULIUS T. CUYLER (11/29/83)

decided: November 29, 1983.

WILLIAM M. NICASTRO, PETITIONER
v.
JULIUS T. CUYLER, SUPERINTENDENT OF THE STATE CORRECTIONAL INSTITUTION AT GRATERFORD ET AL., RESPONDENTS



Original Jurisdiction in case of William M. Nicastro v. Julius T. Cuyler, Superintendent of the State Correctional Institution at Graterford, et al.

COUNSEL

Barnaby C. Wittels, LaCheen & Alva, for petitioner.

David M. Donaldson, Deputy Attorney General, with him LeRoy S. Zimmerman, Attorney General, for respondents.

Judges Blatt, Williams, Jr. and Doyle, sitting as a panel of three. Opinion by Judge Williams, Jr.

Author: Williams

[ 78 Pa. Commw. Page 540]

William Nicastro (petitioner) has filed a petition for review in the nature of a complaint in mandamus requesting this Court to direct the Bureau of Corrections to credit him with the period of several months he spent incarcerated in Canada.*fn1 The Commonwealth has filed a motion for a summary judgment.*fn2

On April 9, 1979, the petitioner escaped from the State Correctional Institution at Graterford while

[ 78 Pa. Commw. Page 541]

    serving a sentence of five to ten years. He was returned to Graterford on January 23, 1981, after having been arrested in Sudbury, Ontario, Canada, on April 17, 1979.

In Nicastro's petition for review, he alleges that he was arrested by Canadian authorities on April 17, 1979, due to a Pennsylvania detainer, and held in custody until May 9, 1979. According to Nicastro, he was free from custody between May 9, 1979, and June 15, 1979, but required to report twice each day to Canadian immigration authorities. He also alleges that on June 15, 1979, an immigration hearing was held, and that thereafter he was ordered deported and placed in custody until such deportation could be made. The petitioner further states that after the issuance of the June 15, 1979 order, he was placed in the custody of the Royal Canadian Mounted Police until September 21, 1979, when he was transferred to a Canadian jail. He alleges that he was held in the Canadian jail until his bailed release on December 16, 1979. On December 17, 1979, according to the petitioner, he was arrested on Canadian criminal charges. He additionally states that, on December 18, 1979, he was again held pursuant to a Pennsylvania detainer. The petitioner alleges that on July 29, 1980, he was sentenced to a term of eighteen months in prison for the Canadian criminal charges, and that subsequently, on December 10, 1980, he was released from prison. Lastly, the petitioner states that he waived extradition and was transferred to the Federal Correctional Facility at Lewisburg on December 11, 1980, and then to Graterford on January 23, 1981.

The Commonwealth responded to Nicastro's petition by admitting that he had been arrested in Canada on April 17, 1979, pursuant to a Pennsylvania detainer, and held in custody until April 23, 1979. However,

[ 78 Pa. Commw. Page 542]

    the Commonwealth denies that the petitioner was transferred to other custody, or held in custody between April 23, 1979 and December 8, 1979. The Commonwealth alleges that the petitioner was free from custody until a December 8, 1979 arrest on Canadian criminal charges and another Pennsylvania detainer; and denies that on December 18, 1979, the petitioner was detained pursuant to a Pennsylvania detainer. The Commonwealth admits that on July 29, 1980, the petitioner was sentenced by a Canadian court to a term of eighteen ...


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