Legal Opinion · Dissent

Campbell v. Mahoney

Montana Supreme Court

Decided August 7, 2001No. 01-247Published

1DissentJustice Trieweiler

¶37 I dissent from the majority’s conclusion that Campbell could, by contract, waive his statutory right to good time credit earned wliile *54engaged in prison work and training activities.

¶38 I can fathom no explanation for the majority’s decision other than to satisfy the Department of Corrections’ insatiable desire to keep its overcrowded prisons filled beyond capacity and to avoid more petitions like Campbell’s.

¶39 This Court has previously held that the statute pursuant to which Campbell claims a right to good time credit for time served at boot camp creates a liberty interest in good time…

2Cases cited6 opinions

  1. Wolff v. McDonnellSupreme Court of the United States · 1974
  2. Orozco v. DayMontana Supreme Court · 1997
  3. MacPheat v. MahoneyMontana Supreme Court · 2000
  4. Rothwell v. Allstate InsuranceMontana Supreme Court · 1999
  5. Ostafin v. StateNorth Dakota Supreme Court · 1997

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