×
You've used up your 3 free articles for this month. Subscribe today.
Findings of Fact by Indiana Disciplinary Panel Not Entitled toPresumption of Correctness for Federal Habeas Purposes
Loaded on Oct. 15, 2007
by John Dannenberg
published in Prison Legal News
October, 2007, page 37
Filed under:
Disciplinary Hearings,
Disciplinary Litigation,
Evidentiary Ruling (Disciplinary Hearings),
Standard of Proof,
Habeas Corpus.
Location:
Indiana.
by John E. Dannenberg
Seeking to clarify an "established proposition frequently ... overlooked in litigation arising from Indiana's prison system," the Seventh Circuit U.S. Court of Appeals held that the lower burden of proof that attaches to prison disciplinary panel findings of fact is insufficient to "entitle prison defendants …
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Little State, Big Problems: Maine’s Prison Crisis Continues Unabated, by Lance Tapley
- Old Media Access Consent Decrees Violated in Maine, by Lance Tapley
- From the Editor, by Paul Wright
- Massachusetts District Court: FBI Ordered to Pay $101.7 Million for Malicious Prosecution, by Michael Rigby
- Maryland Prison Audit Reveals Potential Fraud “Undetectable”, by Michael Rigby
- Clarification:
- Florida Supreme Court Enacts Rules Regulating “Super Sealing” of Court Records, by David Reutter
- Final Report on Ohio Prisoner Reentry Study, by G.A. Bowers
- Minnesota Sanction for Sex Offender Treatment Refusal Violates Fifth Amendment
- “War on Terror” Whistleblowers, Dissenters are Fired, Prosecuted; Plaintiff’s Lawyers Help Turn Them In, by Alex Friedmann
- Arkansas Prisoner Denied Kosher Diet Awarded $1,500
- Psych Evaluations Questioned Following D.C. Jail Suicides, by Matthew Clarke
- NY Prisoner Who Crushed Thumb Working at Ski Resort Awarded $40,000
- Illinois Supreme Court Holds Prisoner Medical Co-Payment Fee Can’t Be Deducted From Future Funds, by John Dannenberg
- California’s Solution To Prison Overcrowding: $7.4 Billion To Build 53,000 New Beds, by Marvin Mentor
- $4 Million Settlement In Rape and Beating Death of Mentally Ill New Jersey Prisoner, by Michael Rigby
- $14 Million Verdict Against Louisiana DA’s Office for Wrongful Death Sentence
- Fortress Of Solitude: The Bureau Of Prisons Is As Good At Keeping Prisoners In As It Is At Keeping Reporters Out, by Alan Prendergast
- South Carolina Prisoner Assaulted By Guards Awarded $600,000
- Wyoming and CMS Settle Suit Over Diabetic Prisoner’s Loss of Foot, by Matthew Clarke
- San Mateo County, California, Settles Strip-Search Suit for $1.9 Million
- Tenth Circuit Upholds BOP Guard’s Abuse Convictions
- GAO Audit: Alien Detention Facilities Suffer Continuing Deficiencies, by John Dannenberg
- Texas Parole Board Revamps Urinalysis Procedures
- Los Angeles County Pays $475,000 In Jail Healthcare Wrongful Death
- Texas Pays $250,000 for Lingering Death of Teen Prisoner, by Michael Rigby
- U.S. Supreme Court: Colorado Prisoner Alleging Injury From Suspension Of Medical Treatment Stated Adequate Claim To Preclude Dismissal, by John Dannenberg
- Massachusetts Guard Accused of Throwing Feces Entitled to Workman’s Compensation
- $1.6 Million Settlements by PHS and Hillsborough County in Death of Baby Born in Florida Jail, by David Reutter
- New Jersey Supreme Court Orders DOC to Codify Prisoner Healthcare Responsibilities, by John Dannenberg
- Eighth Circuit Reverses Summary Judgment Dismissal of Excessive Force Claims
- Confidential Settlement for Alabama Prisoners Killed in Road Work Crew
- Probation Condition Restricting Pets at Residence Held Overbroad
- New Law Bars Hawaii Prison Officials from Canceling Visits
- $100 Million In Restitution Fines Collected From California Prisoners Since 1992
- Absence of Parole Revocation Administrative Appeal Process Entitles Prisoner to Trial Court Determination of Custody Credits, by John Dannenberg
- BOP May Not Foreclose Transfer to Community Corrections Center Based on Length of Remaining Sentence, by John Dannenberg
- “Liberal” Pleading Construction Reveals Negligent Guard Theory Claim
- Findings of Fact by Indiana Disciplinary Panel Not Entitled toPresumption of Correctness for Federal Habeas Purposes, by John Dannenberg
- Texas Allows Actual Innocence Claim in Non-Capital Habeas Actions
- Unsupported Penile Plethysmograph Testing as Condition of Release Rises to Due Process Violation, Creates Liberty Interest
- Many Chinese Prisoners Retain Right to Vote
- Mere Possibility of Parole Insufficient to Prevent Texas Prisoners’ Parental Rights Termination, by Matthew Clarke
- On Appeal Texas Prisoner Acquitted of Damaging Jail Furnishing
- Ohio Juvenile Wards Entitled to Attorneys to Pursue 1983 Actions
- Fifth Circuit Reverses Dismissal of Mississippi Retaliation For Letters to a Newspaper Claim
- News in Brief:
- Notice of Appeal Deemed Filed When Presented to Prison Officials; Burden on State to Refute
More from John Dannenberg:
- Disciplinary Self-Help Litigation Manual, 2d Ed., by Dan Manville, March 5, 2015
- Systemic Changes Follow Murder of Colorado Prison Director, July 10, 2014
- The Redbook – A Manual on Legal Style, April 15, 2014
- Arrest-Proof Yourself, by Dale Carson and Wes Denham, March 15, 2014
- Arrested: What to do When Your Loved One’s in Jail, by Wes Denham, Feb. 15, 2014
- California Parole Board Agrees to Implement Policy to Fix Terms at Lifers’ Initial Hearings, Jan. 15, 2014
- FCC Order Heralds Hope for Reform of Prison Phone Industry, Dec. 15, 2013
- Federal Court Orders California to Release 9,600 More Prisoners, Aug. 15, 2013
- Valley Fever Declared a Public Health Emergency at Two California Prisons; Court Orders Prisoner Transfers, July 15, 2013
- Plata and Coleman Showdown in California, June 15, 2013
More from these topics:
- 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.
- 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.
- 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.