Joshua Mitch Johnson v. Harold W. Clarke, Director, Virginia Department of Corrections
DueProcess Punishment
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?
Has the petitioner been validly sentenced under the Virginia statute on earned sentence credits?