Legal Opinion

In re the Personal Restraint of Atwood

Court of Appeals of Washington

Decided November 16, 2006No. 24351-6-IIIPublished

1Opinion of the Court

¶1 The constitution requires the government to afford inmates at least a minimal level of due process before they are denied credit for good time or *25earned early release time. Here, the State made no showing of any procedures that would satisfy this modest constitutional requirement. We therefore grant Kenneth T. Atwood’s personal restraint petition and remand his case to Ferry County for further proceedings on his claim for earned early release credits.

Sweeney, C.J.

*25FACTS

¶2 Kenneth T. Atwood petitions for relief from personal restraint imposed following his Ferry County jury convictions in…

2Cases cited7 opinions

  1. Wolff v. McDonnellSupreme Court of the United States · 1974
  2. Matter of Personal Restraint of WilliamsWashington Supreme Court · 1993
  3. Henderson v. Commissioners of BarnstableMassachusetts Appeals Court · 2000
  4. In re the Personal Restraint Petition of FogleWashington Supreme Court · 1995
  5. Petition of FogleWashington Supreme Court · 1995

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