238 Ga. 69 | Ga. | 1976
Appellant, a prisoner at the State Prison in Reidsville, Georgia, sought a writ of mandamus in Fulton Superior Court to require the respondent to restore appellant’s statutory and earned good time (see Code Ann. § 77-320) which had been forfeited by the Corrections Department. The trial court denied relief and appellant contends this was error as his good time was taken in contravention of the standards set out in Wolff v. McDonnell, 418 U. S. 538 (94 SC 2963, 41 LE2d 935) (1974), and Mincey v. Hopper, 233 Ga. 378 (211 SE2d 283) (1974). We find no merit in this contention and affirm the trial court.
The trial judge considered this case twice, once at a
The trial judge concluded on these facts that appellant failed to show a right to mandamus because the hearing comported with the law. We reach the same conclusion in affirming the denial of mandamus. Wolff v. McDonnell, supra, at pp. 563-570, requires, as constitutional minimums, the following procedures where an inmate’s good time is forfeited: (1) a hearing; (2) written notice of the charges served at least 24 hours in advance of the hearing; (3) a written report of the hearing setting out the reasons for the action taken and the evidence relied on. The prisoner may be permitted to call witnesses and present evidence consistent with the needs of the institution. There is no constitutional right to confrontation, cross examination, or counsel. See also Mincey v. Hopper, supra. The transcript in this appeal
However, appellant argues that his hearing was illegal because it was held 19 months after his 1974 escape and because his good time had not been reinstated prior to the hearing. These arguments are not meritorious. Wolff v. McDonnell, supra, requires only that the hearing be held before final disciplinary action is taken and final forfeiture occurs. 418 U. S. at 557-558. Implicit in the trial court’s order requiring an administrative hearing is the ruling that appellant’s good time could not be finally taken absent a proper hearing. Additionally, appellant has not shown how the delay prejudiced his rights. At the hearing he presented no defense, failed to supply the names of any witnesses, and did not state what he would have shown if the hearing had been held earlier. Nor has appellant responded to these issues in any of his subsequent motions or briefs, even though requested to do so by the trial judge. In our opinion, these enumerations of error are without merit.
Finally, appellant contends that since he was not tried for the statutory offense of escape in the courts, he cannot be found guilty by the Department of Corrections. This contention is without merit. Mincey v. Hopper, 233 Ga. 378, 380, supra. See also Moore v. Caldwell, 229 Ga. 129 (189 SE2d 402) (1972).
Judgment affirmed.