Giordano v. Dixon

We treat the trial court’s denial of the petition for writ of habeas corpus as the denial of a petition for writ of mandamus to restore gain time, reverse same and direct the trial court to instruct the Department of Corrections to (1) vacate and expunge its disciplinary report and (2) restore gain time or conduct another eviden-tiary hearing.

The department’s obligation to produce the cassette tape containing the verbal order appellant was accused of violating, which appellant requested as evidence in his disciplinary hearing for disobeying the order, is substantially the same as its…