SMITH v. BROWN
||WVCF (Court Use Only)
||June 1, 2016
||US District Court for the Southern District of Indiana
||Terre Haute Office
||Denise K. LaRue
||Larry J. McKinney
|Nature of Suit:
||Habeas Corpus (General)
|Cause of Action:
||28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
|Jury Demanded By:
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|April 14, 2017
ENTRY Granting Petition for Writ of Habeas Corpus and Directing Entry of Final Judgment: Because Mr. Smith was not given adequate notice of the charge and was denied video evidence without explanation and without submitting the video evidence to the Court for in camera review, his due process rights were violated. Accordingly, his petition for writ of habeas corpus must be granted. The sanctions imposed in WVE 15-12-0045 must be vacated and rescinded. Mr. Smith's loss of earned credit time shall be restored as promptly as possible. The Indiana Department of Correction website reflects that Mr. Smith's earliest possible release date is currently June 1, 2018. Unless the video evidence still exists, no rehearing shall be permitted under these circumstances. Judgment consistent with this Entry shall now issue (SEE ENTRY FOR ADDITIONAL INFORMATION). Signed by Judge Larry J. McKinney on 4/14/2017.(DW)
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