In Re Shute

There are many facets to what starts out as a simple matter.

On July 18, 1975, John William Shute filed a petition for writ of habeas corpus in the Supreme Court of California, praying for a credit of 385 days presentence commitment time. The petition states Shute was an inmate of the California Medical Facility at Vacaville, California.

On October 30, 1975, the Supreme Court ordered the Director of the Department of Corrections to show cause before this court why the relief prayed for should not be granted, citing In re Bentley, 43 Cal.App.3d 988 [ 118 Cal.Rptr. 452 ], The Supreme Court ordered the written return to be served and filed on or before November 10, 1975.

The Attorney General of California filed a return on November 10, 1975, stating Shute had been granted 22 days credit and was entitled to no more credit. On November 17, 1975, Shute filed a traverse to the return. We appointed Appellate Defenders, Inc. as Shute’s attorney on December 11, 1975.

The hearing before this court on the order to show cause was originally scheduled for March 9, 1976, but was extended a month on Appellate Defenders’ application, in order that it might file a supplemental argument…