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Reliable Evidence Required at Disciplinary Hearing
Loaded on Sept. 15, 1997
published in Prison Legal News
September, 1997, page 20
A federal district court in Indiana granted a habeas corpus petition after finding a prisoner was denied the ability to present exculpatory evidence at a prison disciplinary hearing. Monte McPherson, an Indiana state prisoner, was infracted and found guilty of having sex with another prisoner. McPherson lost 90 days of …
Filed under:
Disciplinary Hearings,
Evidentiary Ruling (Disciplinary Hearings),
Standard of Proof,
Habeas Corpus.
Location:
Indiana.
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More from this issue:
- U.S. Supreme Court: No Immunity for Private Prisons, by Paul Wright
- ADA Applies to State Prisons
- Pro Se Tips and Tactics (Consent Decrees), by John Midgley
- Second Circuit Affirms IFP Provisions
- Sixth Circuit Explains PLRA Again
- PLRA Applies to Juveniles, Retroactive on Attorney Fees
- PLRA Forbids Dismissal of Suits Without Paid Fees
- Gun Law Threatens Police, Military, Prisons
- A Matter of Fact
- BOP Mutiny Convictions Affirmed
- Vacant Judgeships Cripple Federal Judiciary, by Dan Pens
- DC Women Prisoners' Suit Reversed
- Alabama Phone System Upheld
- Pepper Spray too Dangerous for DOC Training?
- Former Mississippi Guards Lose Sentencing Appeal
- Disciplinary Segregation Can Create Liberty Interest
- New York Jail Overcrowding Unconstitutional
- Prisoners Held Beyond Release Date Sue
- Montana Paying for 1991 Prison Uprising
- Supreme Court Strikes Down RFRA as Unconstitutional
- Attorney Fee Award in Nominal Damage Case Affirmed
- Detainee Awarded $64,000 in Guard Attack
- Farmer Loses at Jury Trial
- Iowa Grievance Retaliation Suit Set for Trial
- Indiana ADA Verdict Affirmed
- Fact Finding of Segregation Conditions Required in Disciplinary Suit
- Failure to Remove Sutures States Claim
- Nebraska Women's Court Access Case Reversed
- Consent Decrees Enforceable on Its Own Terms
- Jail Assault Requires Trial
- Reliable Evidence Required at Disciplinary Hearing
- Court Reduces Jury Award in Beating Suit
- Sandin Analyzed for New York Prisoners
- News in Brief
- New Jersey Prisoners Have Liberty Interest in Parole
- No Right to TV or Radio
More from these topics:
- Federal Habeas Quick Reference Guide for State Prisoners, Sept. 1, 2026. Retroactivity, Habeas Corpus, AEDPA, Actual Innocence/Claim of Innocence, Cause and Prejudice.
- Sixth Circuit Holds Kentucky Deficient-Counsel Belated-Appeal Procedure Tolls Federal Habeas One-Year Limitations Period, Sept. 1, 2026. Limitations, Habeas Corpus, AEDPA, Failure to Preserve Challenge, Tolling of Statutes of Limitations and Laches.
- Formally Available, Rarely Granted: A State Prisoner’s Guide to Federal Habeas Relief, Sept. 1, 2026. Administrative Exhaustion, Habeas Corpus, Bureau of Prisons Orders, Administrative Law/Remedies, Evidence - Integrity/Reliability of, Tolling of Statutes of Limitations and Laches, Federal Rules of Evidence, Statute of Limitations.
- Eleventh Circuit Holds § 2255 Motion Not “Second or Successive” After Intervening Amended Judgment Corrected Unlawful Sentences, Even as to Claims Concerning an Undisturbed Count, Aug. 1, 2026. Habeas Corpus, AEDPA, Effect of Vacatur.
- California Appeals Court Holds Defendant Cannot Be Penalized for Failing to Appear at Sentencing When He Was Being Held in Another County’s Jail on Preexisting Charges, July 1, 2026. Disciplinary Hearings, Due Process, Procedural Default/Error, Evidence - Admissibility, Plea Agreements/Guilty Pleas.
- Eighth Circuit Dismisses Federal Prisoner’s Challenge to BOP Denying His Request for Expedited Transfer to Prerelease Custody, June 1, 2026. Release and Reentry, Habeas Corpus, First Step Act, Community Confinement/Home Detention, Credits.
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026. Limitations, Habeas Corpus, AEDPA, Appealable Issues/Orders, Failure to Address/Advise Defendant.
- SCOTUS Sides with Federal Prisoner in Habeas Review Case, March 1, 2026. Habeas Corpus, AEDPA, Mandatory Minimum Sentence, Statutory Construction/Interpretation, Predicate Acts/Offenses.
- Alaska Prisoner’s Discipline for Violating Invalidated Rule Tossed, March 1, 2026. Disciplinary Hearings, Access to Media, Statutory Construction/Interpretation, Authority and Jurisdiction, Administrative Detention/Segregation.
- Sixth Circuit Revives Michigan Prisoner’s Challenge to Guard Tackle That Broke His Foot, March 1, 2026. Evidentiary Ruling (Disciplinary Hearings), Guard Brutality/Beatings, Summary Judgment, Qualified Immunity, Wrongful Use of Force.