Hanks v. Wainwright

District Court of Appeal of Florida

Hanks v. Wainwright

360 So. 2d 783, 1978 Fla. App. LEXIS 16266

CourtDistrict Court of Appeal of Florida

DecidedApril 21, 1978

DocketNo. JJ-127

StatusPublished

Cited by2 cases

This text of 360 So. 2d 783 (Hanks v. Wainwright) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hanks v. Wainwright, 360 So. 2d 783, 1978 Fla. App. LEXIS 16266 (Fla. Ct. App. 1978).

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Opinion

PER CURIAM.

Hanks, an inmate, petitions for writ of habeas corpus. He is serving consecutive five year sentences for two escape convictions. His accumulated gain-time was taken away without notice or hearing due to those convictions. He contends he was denied due process as afforded by Wolff v. McDonnell, 418 U.S. 539, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974). The state merely responds by quoting Section 944.28(1) (1977), which permits the Division, without notice or hearing, to declare a forfeiture of all gain-time earned by the prisoner prior to escape following his conviction for escape.

Despite the intriguing question raised by petitioner and the inadequate return by the state, we are compelled to deny the petition. The Florida Supreme Court in Morgan v. Cook, 344 So.2d 577 (Fla.1977) considered the same point and found 944.28(1) constitutional, relying on Rankin v. Wainwright, 351 F.Supp. 1306 (M.D.Fla.1972). Our review of the record in Morgan v. Cook shows petitioner pled guilty and was sentenced to six months for his escape. Although the rationale is not set out in the opinion, apparently the Supreme Court found the judicial determination of guilt in the escape attempt was sufficient due process for the forfeiture of gain-time.

The petition is DENIED.

MILLS, A. C. J., and ERVIN and BOOTH, JJ., concur.

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PER CURIAM.

Hanks, an inmate, petitions for writ of habeas corpus. He is serving consecutive five year sentences for two escape convictions. His accumulated gain-time was taken away without notice or hearing due to those convictions. He contends he was denied due process as afforded by Wolff v. McDonnell, 418 U.S. 539, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974). The state merely responds by quoting Section 944.28(1) (1977), which permits the Division, without notice or hearing, to declare a forfeiture of all gain-time earned by the prisoner prior to escape following his conviction for escape.

Despite the intriguing question raised by petitioner and the inadequate return by the state, we are compelled to deny the petition. The Florida Supreme Court in Morgan v. Cook, 344 So.2d 577 (Fla.1977) considered the same point and found 944.28(1) constitutional, relying on Rankin v. Wainwright, 351 F.Supp. 1306 (M.D.Fla.1972). Our review of the record in Morgan v. Cook shows petitioner pled guilty and was sentenced to six months for his escape. Although the rationale is not set out in the opinion, apparently the Supreme Court found the judicial determination of guilt in the escape attempt was sufficient due process for the forfeiture of gain-time.

The petition is DENIED.

MILLS, A. C. J., and ERVIN and BOOTH, JJ., concur.

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360 So. 2d 783, 1978 Fla. App. LEXIS 16266, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hanks-v-wainwright-fladistctapp-1978.

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