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5th Circuit Reverses Texas Prisoner’s Disciplinary Conviction For “Non-Existent” Offense
Loaded on Jan. 15, 2007
by Michael Rigby
published in Prison Legal News
January, 2007, page 38
5th Circuit Reverses Texas Prisoner's Disciplinary Conviction For "Non-Existent" Offense
Filed under:
Disciplinary Hearings,
Notice of Rules,
Legality of Rules,
Habeas Corpus.
Location:
Texas.
by Michael Rigby
The U.S. Fifth Circuit Court of Appeals held there was no evidence to sustain a Texas prisoner's disciplinary conviction for assaulting a guard and that the district court erroneously construed the prison's disciplinary code.
Texas state prisoner …
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More from this issue:
- Ex-Communication: Competition and Collusion in the U.S. Prison Telephone Industry, by Steven Jackson
- Maryland Sentence Reduction Rule Violates Ex Post Facto Clause
- From the Editor, by Paul Wright
- Violence from Racial Tension and Overcrowding Pervades California Jails, Spreads to Prisons, by Marvin Mentor
- Lawsuit Filed Over Health Care at Wisconsin Women’s Prison, More Possible, by Michael Rigby
- Vermont DOC Agrees To Stop Punishing Self-Harming Prisoners, by Michael Rigby
- 200 Dead in Brazil Prison Uprisings, Street Violence, by Gary Hunter
- California’s “High-Risk” Sex Offender Parolees Ostracized; Parole Official Fired, by John Dannenberg
- Washington Women’s Prison Healthcare Violations Continue
- The Prison and Jail Industry—Who Will Run It, by Gary Hunter
- Washington Prisoners Must Pre-Pay for Record Inspection
- Illinois Parole Violators Enforce Revocation Due Process Rights with Consent Decree, by John Dannenberg
- California Lifer Hearing Backlog Increases Despite Court Order To Catch Up, by Marvin Mentor
- Vienna Convention Creates Individually Enforceable Rights, by Matthew Clarke
- Washington Prisoner Sues Over Bogus Disciplinary Actions; State Settles for $1,500
- Settlement Revamps Grant County, Washington Indigent Defense System; County Agrees to $1.1 Million in Attorney Fees
- $214,000 Award for Injuries Caused by Dilantin Deprivation to Michigan Jail Prisoner
- PLRA’s Mental and Emotional Damage Award Ban Unconstitutional in $219,000 First Amendment Claim
- Illegal Strip Searches Cost MTC, New Mexico County $8.5 Million, by Michael Rigby
- Michigan Prisoner Assaulted By Jailers Awarded $2,000, by Michael Rigby
- Florida DOC’s Policy Prohibiting Release of Sex Offenders Without Address Unconstitutional, by David Reutter
- Wisconsin “Boondoggled” Into Buying Broken Down New Private Prison
- New York Prison Worker Not Kidnapped/Raped Long Enough For Compensation, by Gary Hunter
- Mississippi Beating Suit Nets $348,960 — Upheld on Appeal
- Maryland Disciplinary Rules Violate APA
- 5th Circuit Reverses Texas Prisoner’s Disciplinary Conviction For “Non-Existent” Offense, by Michael Rigby
- Texas Supreme Court: Non-Suit Deprives Appeals Court of Jurisdiction
- Virginia Guard Hazed By Coworkers Awarded $25,001, by Michael Rigby
- Eleventh Circuit Affirms Damage Award in Psychiatrist’s Strangling Death
- Fourth Circuit Holds FTCA Applies to BOP Property Claims
- Missouri Prison Ordered to Provide Immediate Abortion
- Fifth Circuit Reinstates Texas Prisoners’ Challenge to Extended Lockdown, by Michael Rigby
- News in Brief:
- Oklahoma Regulation Confiscating Money Order From Other Prisoner’s Family Upheld
- Tenth Circuit Reinstates Colorado Ad Seg Conditions Claims, by Bob Williams
More from Michael Rigby:
- Report On Arizona Hostage Crisis May Never Be Released , Aug. 23, 2016
- Federal Jury Awards $45,001 to Maryland Prisoner Assaulted By Guards, Aug. 23, 2016
- Wisconsin Appeals Court Orders Photos Delivered to Prisoner, April 15, 2013
- New York: Indigent Defendants' Suit Over Non-representation Ruled Justiciable, March 15, 2013
- Trial and Conviction in Washington Jailhouse Courtroom Overturned, March 15, 2013
- Scientific Advances in Arson Investigations Reveal Wrongful Convictions, Jan. 15, 2013
- Ninth Circuit Rules Right to Court Access Violated When Lockdown Prevents Prisoner from Researching Issues Related to Direct Appeal, Nov. 15, 2011
- Some Agencies Balk at Releasing Prison Phone Data, April 15, 2011
- Facebook Lands Prison Guards, Prisoners in Hot Water, April 15, 2011
- Federal Restitution Law Failing Crime Victims, Jan. 15, 2011
More from these topics:
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- 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.
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- 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.
- Supreme Court of Maryland Announces Division of Correction Must Immediately Apply Time-Served Credit Against Valid Sentences When Convictions Are Vacated and May Not Toll Execution Pending Reprosecution; New Sentences Arising From New Convictions Take, Jan. 1, 2026. Habeas Corpus, Overdetention, Effect of Vacatur, Credits, Concurrent and Consecutive Sentences.
- Alabama Supreme Court Denies DOC’s Improper Venue Objection, Jan. 1, 2026. Defenses, Good Time, Habeas Corpus, Failure to Object, Authority and Jurisdiction.
- DOJ Leaves Louisiana Over-Detention Suit on Life Support, Two Others Granted Class-Action Status, Dec. 1, 2025. Class Certification, Habeas Corpus, Overdetention, Fourteenth Amendment, rights, Unlawful Detention.
- Washington Court of Appeals Refuses to Let DOC Play “Both Sides” with State Prisoner, Dec. 1, 2025. DOC/BOP misconduct, Notice of Rules, Evidence, Fourteenth Amendment, rights, Lack of Evidence.

