No. 18-8973

Joshua Mitch Johnson v. Harold W. Clarke, Director, Virginia Department of Corrections

Lower Court: Virginia
Docketed: 2019-04-23
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: civil-rights due-process earned-sentence-credits fourteenth-amendment good-time-credits liberty-interest mandatory-language sentence-credits state-law statutory-interpretation wolff-v-mcdonnell
Key Terms:
DueProcess Punishment
Latest Conference: 2019-10-01 (distributed 2 times)
Question Presented (from Petition)

Has the Petitioner been validly sentenced under §53.1-202.2 Code of Virginia, therefore being encompassed by this statute?

Is the Petitioner one of "every person who is convicted of a felony offense committed on or after January 1, 1995 and who is sentenced to serve a term of incarceration"?

With the use of the explicitly mandatory term "shall" in §53.1-202.2 C.O.V., has a liberty interest been created pursuant to the standards set forth in Board of Pardons v. Allen; Greenholtz v. Nebraska Penal Inmates; Wolff v. McDonnell; and Vitek v. Jones?

With the use of explicitly mandatory language in the governing statute §53.1-202.2 C.O.V., has the state created a right to good time (earned sentence credits) that cannot be taken away without minimal due process, therefore sufficiently embracing the Petitioner's interest within the Fourteenth Amendment in accordance with the Wolff standard?

Question Presented (AI Summary)

Has the petitioner been validly sentenced under the Virginia statute on earned sentence credits?

Docket Entries

2019-10-07
Rehearing DENIED.
2019-08-14
DISTRIBUTED for Conference of 10/1/2019.
2019-07-15
Petition for Rehearing filed.
2019-06-24
Petition DENIED.
2019-06-05
DISTRIBUTED for Conference of 6/20/2019.
2019-04-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 23, 2019)

Attorneys

Johnson Joshua
Joshua Mitch Johnson — Petitioner