Smith v. Wainwright
Smith v. Wainwright
Opinion of the Court
Elbert Smith’s gain-time earned on a pri- or sentence was revoked by the Department of Corrections upon his conviction for escape. Section 944.28(1), Florida Statutes (1977), provides:
If a prisoner is convicted of escape, or if the clemency or parole granted to him is revoked, the Department of [Corrections] may, without notice or hearing, declare a forfeiture of all gain-time earned and extra gain-time allowed such prisoner, if any, prior to such escape .
Smith appeals from the trial court’s summary denial of his petition for habeas corpus, which alleged that the due process clauses of the United States and Florida Constitutions require that Smith be afforded a hearing by the Department before forfeiture of his gain-time, and that due process also “requires the legislature to specify guidelines and standards for this permissive taking of gain time when an individual is convicted of escape.”
The petition for habeas corpus lacks an allegation that Smith asked for and was denied a hearing, lacks allegations concern
AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.