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Habeas Corpus – Good time
By: WISCONSIN LAW JOURNAL STAFF//February 20, 2015//
Listen to this articleU.S. Court of Appeals For the Seventh Circuit
Criminal
Habeas Corpus – Good time
Where a state prisoner lost good time credit based on a 20 percent chance that he had smuggled tobacco, the credit must be restored.
“If it’s assumed that any of the five could have placed the tobacco in the crawl space, then, as we know nothing about the other four, we could conclude only that Austin had a 20 percent probability of being the culprit. The district court deemed this sufficient evidence of his guilt to place the disciplinary sanctions imposed on him beyond judicial authority to reverse. Yet it seems odd, to say the least, that someone should be punished when there is an 80 percent probability that he is innocent.”
Reversed.
14-2574 Austin v. Pazera
Appeal from the United States District Court for the Northern District of Indiana, Moody, J., Posner, J.
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