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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:
- 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
- Florida Supreme Court Announces Rule 3.170(f)’s Good-Cause Plea-Withdrawal Standard Does Not Apply at Post-Appeal Resentencing, April 1, 2026
- Colorado Supreme Court Announces Defendant Must Be Competent Before Undergoing Mental-Condition Examination Under § 16-8-107(3)(b), April 1, 2026
- California Court of Appeal Announces Plea Agreements Cannot Bar § 1172.1 Resentencing, Holds Merit-Based Denial of Petition Is Appealable, April 1, 2026
- Georgia Supreme Court Clarifies That Failure to Object to Ineligible Juror Does Not Constitute Waiver Unless Party Knew or Could Have Discovered Ineligibility Through Ordinary Diligence, April 1, 2026
- Washington State Guard’s Conviction Affirmed in Self-Inflicted Gunshot Wound Scheme, March 1, 2026
- Massachusetts Supreme Judicial Court Holds Motion Judge Abused Discretion by Denying Evidentiary Hearing on IAC Claim Where Plea Counsel’s Affidavit Was Not Inherently Inconsistent With Colloquy Statements Regarding Immigration Advice, March 1, 2026
- Washington Supreme Court Clarifies Double Jeopardy Analysis for Multiple Assault Convictions, Holding That Assaultive Acts Occurring Over Short Time Period in Same Location Without Intervening Events Constitute Single Course of Conduct, March 1, 2026
- New Jersey Supreme Court Reverses Drug Convictions Under Cumulative Error Doctrine, Holding Combined Effect of Improper References to Television Series, Gun Violence, and Search Warrants Deprived Defendant of Fair Trial, March 1, 2026
- New York Court of Appeals Announces Coercive Police Tactics Compelling Suspect to Exit Home Constitute “Constructive Entry” Violating Payton, Holds Attenuation Analysis Applies to Third-Party Consent, March 1, 2026
More from these topics:
- 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.
- Seventh Circuit Affirms Summary Judgment in Illinois Prisoner’s Segregation Lawsuit, March 1, 2026. Liberty Interests, Evidence, Totality of Conditions, Ad-Seg Hearings, 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.
- Ninth Circuit: Notice of Appeal of Order Denying Qualified Immunity Must Be Filed Within 30 Days of Entry, Feb. 1, 2026. Liberty Interests, Evidence, Qualified Immunity, Fourteenth Amendment, rights.
- SCOTUS Announces Federal Prisoners May Seek Certiorari Review of Authorization Denials Under § 2255(h) and Are Not Subject to § 2244(b)(1)’s Bar on Previously Presented Claims, Feb. 1, 2026. Habeas Corpus, AEDPA, Appealable Issues/Orders, Statutory Construction/Interpretation, Authority and Jurisdiction.
- Maryland Agrees to Pay $30,000 to Prisoner Who Was Beaten by Guards While Handcuffed, Jan. 1, 2026. Retaliation for Filing Grievances, Snitch Jacketing, Liberty Interests, Evidence, Wrongful Use of Force.
- California Court of Appeal: Trial Courts Have Inherent Authority to Correct Unauthorized Sentences at Any Time Without Habeas Petition, Jan. 1, 2026. Habeas Corpus, Possession or Use of Firearms, Sentences - Authorized, Sentences - Corrections or Modifications of, Effect of Vacatur.
- First Circuit Announces Modification of Juvenile’s Life-Without-Parole Sentence to Parole-Eligible Life Term Constitutes “New Judgment” Under AEDPA, Exempting Second-in-Time Habeas Petition From Gatekeeping Requirements, Jan. 1, 2026. Parole, Habeas Corpus, Life without Parole (LWOP), AEDPA, Juvenile Offenses/Offenders.

