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Good time.

U.S. Appeal Court

DUE PROCESS

Montgomery v. Anderson 262 F.3d 641 (7th Cir. 2001). A state prisoner filed for habeas corpus relief alleging that the state had violated the Due Process Clause of the Fourteenth Amendment 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 rule. (Indiana State Prison)

U.S. District Court

GOOD TIME CREDIT

Moore v. Hofbauer, 144 F. Supp.2d 877 (E.D.Mich. 2001). A state parolee 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for habeas corpus relief alleging that his parole revocation hearing was not timely and that a warden had improperly rescinded his good time credits.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 within 45 days. (Marquette Branch Prison, Michigan)
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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
Previous Article:Free speech, expression, and association.
Next Article:Grievance procedures, prisoner.
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