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Exculpatory Evidence Must Be Disclosed at Prison Disciplinary Hearing
Loaded on Dec. 15, 2004
by David Reutter
published in Prison Legal News
December, 2004, page 12
Exculpatory Evidence Must be Disclosed at Prison Disciplinary Hearing
Filed under:
Disciplinary Hearings,
Liberty Interests,
Witnesses (Disciplinary Hearings),
Evidentiary Ruling (Disciplinary Hearings),
Habeas Corpus.
Location:
Indiana.
by David M. Reutter
The Seventh Circuit Court of Appeals has held that a prisoner is entitled to receive exculpatory evidence in a prison disciplinary hearing when a liberty interest is implicated. This habeas corpus proceeding was brought by Clyde Piggie, ...
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More from this issue:
- Business as Usual, by Todd Matthews
- Death Exposes Inadequate Mental Health Care in Oregon Prisons, by Mark Wilson
- PAMII Requires Records Release in Connecticut Prisoners' Deaths
- CMS Must Pay $1.75 Million in Illinois Jail Suicide, by John E Dannenberg
- Exculpatory Evidence Must Be Disclosed at Prison Disciplinary Hearing, by David Reutter
- From the Editor, by Paul Wright
- Wisconsin County Settles Negligent Death Claim for $1.2 Million
- Pro Se Tips and Tactics: The Pro Se Complaint, by Daniel E. Manville
- California Prisons' Joint-Venture Program Under Statewide Court Injunction, by John E Dannenberg
- New York Prisoner Informant Awarded $7.65 Million In Failure-To-Protect Suit, by Michael Rigby
- California Parole Board Must Vacate Parole Denial And Give Lifer New Hearing, by John E Dannenberg
- Private Capitol Punishment: The Florida Model, by David Reutter
- New York City: Thousands Unnecessarily Imprisoned at Enormous cost
- Judge Barkett Dissents from Expansion of "In Custody" Meaning for PLRA purposes
- Washington Supreme Court Rejects Federal Mail-Box Rule
- Washington Prison Labor Program Struck Down, by Paul Wright
- Guards Fornicate, Sell Drugs in Pennsylvania Jails
- Vermont Auditor's Report Blasts CCA and CMS, by David Reutter
- Abuse, Torture and Rape Reported at Unlisted U.S.-Run Prisons in Iraq, by Lisa Ashkenaz Croke
- Iowa Sex Offender Residence Restrictions Unconstitutional
- Untimely Grievances Satisfy PLRA; $70,000 Beating Verdict Upheld
- California Lifer Parole Rescission Upheld On One Of Five Grounds Alleged; Federal Ex Post Facto Appeal Is Moot, by John E Dannenberg
- Illinois Appeals Court Reinstates Prisoner's Telephone Disconnect Suit
- Nevada Prisoner Killed in Rec Yard Riot
- Wisconsin District Court Reversed; PLRA Fee Limits Constitutional, Says Seventh Circuit
- "Therapeutic Seclusion" of Civilly Committed Sex Offenders Contrary to Professional Judgment, by David Reutter
- New Jersey Vegetarian Meals Satisfy Halal Dietary Obligations, by John E Dannenberg
- BOP Fires Prison Guard Accused of Rape, Attempted Murder
- Qualified Immunity Granted for Warrantless Parole Search
- Hermaphroditic Wyoming Prisoner Awarded $1,000 for 14 Months in Solitary
- New York Prison Officials Denied Qualified Immunity in Revoking Prisoner's Temporary Release
- Florida's $4 Administrative Processing Fee for Prisoner Banking Fees Challenged, by David Reutter
- Punitive Transfer After Winning Administrative Appeal Is Actionable, by John E Dannenberg
- International Red Cross Suspects U.S. Hiding Foreign Detainees
- Arrestee Cannot Be Charged With Bringing Drugs Into Jail
- News in Brief
- Seventh Circuit Invalidates Wisconsin News Clippings Ban
- Prisoner Lawsuits Not Subject to Heightened Pleading Standard in Seventh Circuit
- Jury's $108,000 Verdict in New York Prisoner's Medical Claim Vacated
- Oklahoma Family Buries Wrong Man
More from David Reutter:
- Philadelphia Agrees to $9.1 Million Settlement for Wrongful Murder Conviction, Feb. 15, 2025
- ‘Fictional Pleas’ and ‘Hidden Departures’: Failure to Collect Data on Binding Federal Plea Bargains Hinders Researchers, Feb. 15, 2025
- First Circuit: Two-Level Enhancement Under § 3B1.1(c) for Leadership or Managerial Role Vacated Because Government Failed to Prove Defendant’s Order Was Actually ‘Obeyed’ by Fellow Criminal Participant, Feb. 15, 2025
- Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic or ‘Other Global Events’ Such as Wars and Natural, Feb. 15, 2025
- The Murky Waters of Parole, Feb. 1, 2025
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025
- Muslim New York Prisoner’s Free Exercise of Religion Claim Reinstated, Jan. 15, 2025
- Fourth Circuit: Baltimore County Prisoners May Qualify as Employees under FLSA, Jan. 15, 2025
- In Failure-to-Treat Claims, Wellpath Denied Dismissal in Virginia, Settles in Pennsylvania, Dec. 15, 2024
- Trends Show Mortality Risks Increase with Higher Jail Turnover Rates, Dec. 15, 2024
More from these topics:
- New York Prison Officials Found Routinely Violating HALT Act With Overuse of Solitary Confinement, Feb. 15, 2025. Disciplinary Hearings, Control Units/SHU/Solitary Confinement, Cruel and Unusual Punishment.
- Third Circuit Grants Habeas Relief to Prisoner on Confrontation Clause and Ineffective Assistance Claims Based on Trial Court Reading Entire Criminal Information Into the Record of Co-Conspirator Who Pleaded Guilty, Feb. 15, 2025. Habeas Corpus, Ineffective Assistance of Counsel, Exculpatory No Doctrine, Confrontation Clause/Rights, Witnesses - Prior Statements/Testimony, Plea Agreements/Guilty Pleas.
- Texas Court of Criminal Appeals Grants Habeas Relief in ‘Shaken Baby Syndrome’ Case, Feb. 1, 2025. junk science, Habeas Corpus, Forensic Sciences, Child Abuse/Abusers, Evidence - Admissibility.
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025. Settlements, Habeas Corpus, Mail Regulations, Legal Mail.
- Georgia Supreme Court Grants Habeas Relief Where Both Trial and Appellate Counsel Provided Ineffective Assistance by Failing to Challenge Indictment for Residential Burglary That Failed to Allege Defendant Illegally Entered a ‘Dwelling’, Jan. 15, 2025. Habeas Corpus, Ineffective Assistance of Counsel, Constitutional Challenges/Law.
- Ninth Circuit Holds District Courts Have No Authority Under Rule 4 of Rules Governing § 2254 Cases to Dismiss Habeas Petition on the Merits, Dec. 15, 2024. Habeas Corpus, Dismissal, Authority and Jurisdiction.
- Washington Appellate Court: “Some Evidence” Standard for Prison Discipline “Is Not Illusory”, Dec. 15, 2024. Evidentiary Ruling (Disciplinary Hearings), Evidence, Best Evidence Rule.
- Ninth Circuit Grants Habeas Relief to California Prisoner on Napue Claim Because Prosecution Failed to Correct Informant’s False Testimony That He Did Not Receive Any Benefit In Exchange for His Testimony, Dec. 1, 2024. Informants, Habeas Corpus, Informants and Paid Witnesses, False Testimony.
- Public Defender Files Habeas Petitions for Detainees at “Horrific” Baltimore Lockup, Nov. 15, 2024. Failure to Treat, Conditions of Confinement, Hygiene Supplies, Disclosure of Records, Habeas Corpus.
- Ninth Circuit Denies Habeas Relief to Prisoner Who Invoked Fifth Amendment Right to Counsel During Custodial Interrogation but Made Incriminating Statements to Undercover Informant Posing as Fellow Prisoner Because Right to Counsel Not Violated, Nov. 1, 2024. Habeas Corpus, Custodial Interrogations/Statements, Counsel - Right to.