Legal Opinion

Banks v. McDonough

District Court of Appeal of Florida

Decided March 7, 2007No. 1D06-3376Published

1Per curiam

Petitioner Robert E. Banks brings this petition for writ of certiorari, asking the court to quash a circuit court order dismissing his petition for writ of mandamus. Petitioner also argues that the trial court erred by authorizing the Department of Corrections to place a lien on his inmate account.

We agree that the circuit court erred in placing a lien on petitioner’s inmate trust account. Recent decisions from this court and the Florida Supreme Court have held that any disciplinary matter which affects an inmate’s earned gain time, and thus the length of the inmate’s sentence, is a…

2Cases cited3 opinions

  1. Schmidt v. CrusoeSupreme Court of Florida · 2003
  2. Cason v. CrosbyDistrict Court of Appeal of Florida · 2005
  3. Terry v. McDonoughDistrict Court of Appeal of Florida · 2006

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