(DOWNLOAD) "Brooks v. Shanks" by New Mexico Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Brooks v. Shanks
- Author : New Mexico Supreme Court
- Release Date : January 26, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
MONTGOMERY, Justice. In this case we hold that the allegations in the inmate petitioner's petition for a writ of habeas corpus, in light of the
respondent warden's response to the petition, were sufficient to require the district court to conduct an evidentiary hearing
as contemplated by SCRA 1986, 5-802(E)(3) (Repl. Pamp. 1992). In the process of so holding, we limit certain language in State
v. Aqui, 104 N.M. 345, 721 P.2d 771, cert. denied, 479 U.S. 917, 93 L. Ed. 2d 294, 107 S. Ct. 321 (1986), that may be, and
has been, read to preclude judicial review of deprivations of a prisoner's so-called "good-time" credits, even though the
deprivation may have been unlawful. We hold that NMSA 1978, Sections 33-2-34 and 33-2-36 (Repl. Pamp. 1990), confer an entitlement
to good-time credits and that this entitlement may be divested only when the statutory and administrative procedures relating
to those credits have been followed.