Bivens v. Clark

Summary

The court held that when convictions underlying some consecutive sentences are vacated, credit for time served must immediately be applied to the remaining valid sentences under CP § 6-218(d), beginning on the date the first invalidated sentence began. If reprosecution produces a new conviction, any remaining credit is applied under CP § 6-218(c), and the resulting sentence is last in the consecutive-sentence sequence, subject to the sentencing court’s discretion to make it concurrent or consecutive. Because the sentencing record did not show whether the sentencing judge understood the status of the remaining valid sentences, the court vacated the habeas judgment and remanded for resentencing.