Hanks v. Wainwright

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…