In re Banks
Annotate this CaseIn July 2020, a correctional sergeant was processing mail in the prison mailroom and searched two large manila envelopes addressed to inmate Arlonzo Banks. The sergeant intercepted the envelopes in the prison mailroom, and inmate Banks was issued a rules violation report charging him with conspiracy to introduce a controlled substance into prison for distribution or sale. During the investigation, inmate Banks tried to ask the sergeant who issued the rules violation report, "'What, if any, evidence demonstrates I agreed with another individual to introduce a controlled substance into the facility?'" The hearing officer deemed the question irrelevant, but the Court of Appeals found Banks’s question was "spot on:" the record contained no evidence of the first element of conspiracy, namely, the existence of an agreement between at least two persons. The Court therefore affirmed the trial court’s grant of inmate Banks’s petition for writ of habeas corpus that vacated a guilty finding of conspiracy.
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