No. 23-5849

Bryan H. Brown v. New Hampshire

Lower Court: New Hampshire
Docketed: 2023-10-20
Status: Denied
Type: IFP
Response WaivedRelisted (3)IFP
Tags: arbitrary-action due-process earned-time-credits government liberty-interest procedural-due-process procedural-rights state-statute
Key Terms:
AdministrativeLaw DueProcess
Latest Conference: 2024-02-16 (distributed 3 times)
Question Presented (AI Summary)

Whether the court arbitrarily denied the petitioner's state-created right to earned-time-credits

Question Presented (OCR Extract)

QUESTION PRESENTED It has been long established that a State statute that provides for good time credits upon stipulated conditions confers upon prison inmates, creates a liberty interest protected by the due process clause of the . fourteenth Amendment. Wolff v. McDonnell, 418 U.S. 539, 556-72 (1974). "The touchstone of due process is protection of the individual against arbitrary action of government." Id. at 558 (citing Dent v. West Virginia, 129 U.S. 114, 123 (1889)); Fuentes v. Shevin, 407 U.S. 67, 82 (1972) (the procedural due process guarantee protects against "arbitrary taking"). In 2014, New Hampshire enacted RSA 651-A:22-a, also known as the "Earned Time Credits" statute. The structure and language of the statue mandates . . specific credits for various programming and an inmate's entitlement to such credits upon completion of said programs. RSA The question presented before this Court is based on legal precedent . and is an issue of grave importance to all of New Hampshire inmates current and future irrespective of their crime and is as follows: , WHETHER THE COURT ARBITRARILY DENIED THE PETITIONER'S STATE : CREATED RIGHT TO EARNED TIME CREDITS :

Docket Entries

2024-02-20
Rehearing DENIED.
2024-01-10
DISTRIBUTED for Conference of 2/16/2024.
2023-12-26
Petition for Rehearing filed.
2023-12-11
Petition DENIED.
2023-12-01
Rescheduled.
2023-12-01
DISTRIBUTED for Conference of 12/8/2023.
2023-11-15
DISTRIBUTED for Conference of 12/1/2023.
2023-11-13
Waiver of right of respondent State of New Hampshire to respond filed.
2023-09-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 20, 2023)

Attorneys

Bryan H. Brown
Bryan H. Brown — Petitioner
Bryan H. Brown — Petitioner
State of New Hampshire
Anthony Jordan GaldieriNew Hampshire Department of Justice, Respondent
Anthony Jordan GaldieriNew Hampshire Department of Justice, Respondent