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U.S. Appeal Court

DUE PROCESS

Montgomery v. Anderson 262 F.3d 641 (7th Cir. 2001). A state prisoner filed for habeas corpus habeas corpus (hā`bēəs kôr`pəs) [Lat.,=you should have the body], writ directed by a judge to some person who is detaining another, commanding him to bring the body of the person in his custody at a specified time to a  relief alleging that the state had violated the Due Process Clause of the Fourteenth Amendment Fourteenth Amendment, addition to the U.S. Constitution, adopted 1868. The amendment comprises five sections. Section 1


Section 1 of the amendment declares that all persons born or naturalized in the United States are American citizens and citizens
 when it placed him in disciplinary segregation and reduced his credit-earning class. The district court denied the petition and the appeals court affirmed. The appeals court held that the alleged inadequacies of the prison disciplinary board's finding of facts did not deny the prisoner due process, where the board explicitly relied on a conduct report and investigation which supplied details. The court noted that state prisoners have 'more than a subjective hope for goed-time credit' in a system that initially puts every prisoner in a class which allows good-time credit to accrue unless there is a violation of an enumerated This term is often used in law as equivalent to mentioned specifically, designated, or expressly named or granted; as in speaking of enumerated governmental powers, items of property, or articles in a tariff schedule.  rule. (Indiana State Prison The Indiana State Prison is located in Michigan City, Indiana about 50 miles east of Chicago.[1] It is a maximum security prison for adult males; however, minimum security housing also exists on the confines. )

U.S. District Court

GOOD TIME CREDIT

Moore v. Hofbauer, 144 F. Supp.2d 877 (E.D.Mich. 2001). A state parolee pa·rol·ee  
n.
One who is released on parole.

Noun 1. parolee - someone released on probation or on parole
probationer
 petitioned for habeas corpus relief alleging that his parole revocation hearing was not timely and that a warden had improperly rescinded his good time credits. The district court denied the petition. The district court held that the state warden's discretionary decision not to award special good time sentence credits to the parole absconder, for the period that he was at large in the community and tested positive for drugs, did not violate the parolee's due process rights. The court found that the final hearing before revocation of parole, which was held two months after the parolee was taken into custody on a parole violator warrant, was reasonably timely even though a state law required the hearing to beheld be·held  
v.
Past tense and past participle of behold.


beheld
Verb

the past of behold

beheld behold
 within 45 days. (Marquette Branch Prison, Michigan)
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No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2001, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Article Details
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Title Annotation:prisoner litigation
Publication:Corrections Caselaw Quarterly
Article Type:Brief Article
Geographic Code:1USA
Date:Nov 1, 2001
Words:289
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