Inmate Relief Request Relief If He Waits for Ten Years to Seek Mandamus Even Though His Sentences Were Improperly Aggregated
Can an Inmate be Refused His Requested Relief if He Waits for Ten Years to Seek Mandamus Even Though His Sentences Were Improperly Aggregated ?
In Keith v. Pennsylvania Board of Probation and Parole, 76 Pa. Commw. 544, 464 A.2d 659 (Pa. Cmwlth. 1983), an inmate received two consecutive sentences in 1972, which were aggregated.
About ten years later, the inmate filed a mandamus action in this court's original jurisdiction, arguing that the sentences were improperly aggregated.
This court concluded that the inmate was correct and that the sentences should not have been aggregated. However, this court then stated that mandamus is governed by equitable principles and, thus, must be sought with reasonable diligence.
Because the inmate waited nearly ten years to seek mandamus, this court found that it could not provide the requested relief. Id.