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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:
- The Malleable Mind in the Courtroom: Why Confident Eyewitnesses Often Provide the Least Reliable Evidence, Oct. 15, 2025
- Help Wanted: 31,000 Prison Guard Jobs Open Nationwide, Sept. 1, 2025
- Fifth Circuit Greenlights Federal Takeover of Mississippi Jail, Aug. 1, 2025
- Ninth Circuit Revives Prisoner’s Claim Based on Guard’s Thwarting of Administrative Remedies, Aug. 1, 2025
- Tenth Circuit Ruling Paves Way for $2.7 Million Settlement for Intellectually Disabled Jail Detainee Raped by Sheriff, Aug. 1, 2025
- Ninth Circuit Agrees That Former Guantanamo Detainee Lacks Grounds to Sue for Waterboarding, Aug. 1, 2025
- Qualified Immunity Denied for Iowa Prison Doctor’s MRI Delay for Non-Medical Reasons, Aug. 1, 2025
- Ninth Circuit: Continuing-Violations Doctrine Applies for PLRA Administrative Exhaustion Purposes, Aug. 1, 2025
- First Circuit: Prosecutor’s Breach of Plea Agreement Requires Government’s Specific Performance of Agreement, Not Specific Performance by District Court, Aug. 1, 2025
- Oregon Prisoners Can Now Seek Economic Damages for Future Lost Income More Easily, July 15, 2025
More from these topics:
- On Remand, Eleventh Circuit Clarifies, Affirms Grant of Habeas Relief to Death Row Prisoner, Aug. 1, 2025. Habeas Corpus, Death Penalty, Death Row.
- Fifth Circuit Announces When Initial § 2255 Petition Not Decided on Merits and Appeals Court Later Recalls Mandate Dismissing Direct Appeal and Affirms Conviction, Subsequent § 2255 Petition Not ‘Second or Successive’ Under AEDPA, Aug. 1, 2025. Habeas Corpus, AEDPA.
- Fourth Circuit Announces Counterman v. Colorado Is New Rule of Constitutional Law That Applies Retroactively to Cases on Collateral Review and Grants Authorization to File Successive § 2255 Motion, July 1, 2025. Rehabilitation/Recidivism, Habeas Corpus, Threats.
- Arguing Successful Federal Habeas Corpus Claims, June 1, 2025. Habeas Corpus, Sixth Amendment, Ineffective Assistance of Counsel.
- Ninth Circuit Grants Stay and Abeyance of Federal Habeas Petition to Allow Petitioner to Exhaust State Remedies, April 15, 2025. Administrative Exhaustion (PLRA), Habeas Corpus, AEDPA, Amendments to Petition.
- 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.