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Article • November 15, 2011
New York Prison Disciplinary Conviction Upheld by On June 9, 2011, New York’s Third Judicial Appellate Court affirmed a prisoner’s disciplinary conviction. Scott Irwin received a misconduct report after a scuffle with a guard that resulted in the discovery of a shank. Irwin was sanctioned initially to 30 months of …
Ninth Circuit: California Prisoner Need Not Appeal from Satisfactory Grievance Response in Order to Exhaust Administrative Remedies by Michael Brodheim Clarifying “the boundaries of proper exhaustion” within the context of California’s prison system, the Ninth Circuit Court of Appeals held that a prisoner “has no obligation to appeal from a …
Seventh Circuit: Court May Not Revoke Supervised Release via Videoconference by Matthew Clarke by Matt Clarke On March 19, 2010, the Seventh Circuit Court of Appeals held that a federal district court violated Rule 32.l(b)(2) of the Federal Rules of Criminal Procedure when the judge used videoconferencing technology to appear …
No Rehearing For Disciplinary Actions Vacated On Substantive Grounds by Bob Williams By Bob Williams In another unpublished decision, a unanimous Colorado Court of Appeals has held that if a prisoner's administrative disciplinary conviction is vacated on district court review, expungement and not a rehearing is mandatory if the reversal …
Article • July 15, 2011
Washington Disciplinary Hearing Violates Due Process; Written Submissions Must be Considered by Mark Wilson By Mark Wilson The Washington State Court of Appeals held that a prisoner was deprived of a constitutionally adequate disciplinary hearing when a hearings officer refused to read the documentary evidence he offered. Washington prisoner Allan …
Impartial Prison Disciplinary Hearing Officials Required in Nevada by Matthew Clarke By Matt Clarke On February 9, 2009, a Nevada state court restored the statutory good conduct time lost by a prisoner in a disciplinary proceeding in which the presiding official was biased. Brian Eugene Lepley, a Nevada state prisoner, …
Fifth Circuit: No First Amendment Right to Use Vulgarity in Legal Mail by Matthew Clarke By Matt Clarke On June 8, 2009, the Fifth Circuit court of appeals held that a Texas prisoner has no First Amendment right to use profanity in legal mail directed at opposing counsel and the …
Seventh Circuit: Habitual Disciplinary Offender Finding Does Not Open Door to Attacking Prior Disciplinary Convictions by On September 12, 2008, the Seventh Circuit court of appeals held that a prison's finding that a prisoner was a habitual disciplinary offender and punishing him therefore does not open the door for a …
Subjective Knowledge that Object is a “Weapon” Not Required to Convict Federal Prisoner of Violating Contraband Statute by On June 7, 2010, the U.S. Court of Appeals for the Third Circuit affirmed a federal prisoner’s conviction for possessing a weapon while in prison. Eric Holmes was charged with violating 18 …
Witness Testimony Judged Appropriate on Appeal by Following his conviction for custodial assault, Washington prisoner David Sykes filed his appeal arguing the trial court admitted into evidence “improper opinion testimony” and his counsel was ineffective for failing to object to it. Sykes was convicted of the assault for throwing a …
Article • December 15, 2010 • from PLN December, 2010
Florida Disciplinary Record Must Prove Constructive Possession of Contraband by Florida’s First District Court of Appeal granted a writ of certiorari to a prisoner who challenged a circuit court’s denial of his mandamus petition that sought to reverse a prison disciplinary conviction. The First District held there was insufficient proof …
Personal Restraint Petition Remanded to DOC in Washington State by On October 27, 2008, a Washington State Court of Appeals filed an unpublished opinion in the matter of a personal restraint petition filed by prisoner Toby Joseph Masse challenging punishment imposed pursuant to a prison disciplinary hearing. Having received a …
No Due Process Required for Nutraloaf or Plexiglas Cell Placement by Placement of the plaintiff in a cell with a Plexiglas shield and imposition of a restricted diet ("Nutriloaf") as a sanction for repeatedly throwing feces at staff did not violate the Eighth Amendment. The claim is governed by the …
Claim Exhausted When Prison Rules in Favor of Prisoner by The plaintiff complained of improper discipline and retaliatory reclassification and transfer At 506: "The violation of a constitutionally protected right is a sufficient injury for purposes of standing." The defendants had argued that the plaintiff lacked standing because he didn't …
Article • August 15, 2008
IL Prisoner’s Appeal of Prison Disciplinary Proceeding Dismissed as Unbelievable by Kenneth R. Dye, an Illinois state prisoner, appealed in state court the outcome of his prison disciplinary proceeding. He argued that he wasn’t served with notice of the charges against him or allowed to attend the hearing. His institutional …
Article • May 15, 2007
No Right To Notification Within 30 Days Of Disciplinary Appeal by Michael Loveland, a prisoner at the Newport Correctional Facility (NCF), appealed a disciplinary decision to the Orleans Superior Court after the superintendent, Kathleen Lanman, failed to respond to his disciplinary appeal within 30 days of the date the appeal …
Article • May 15, 2007
FL Prisoner Can Seek Belated Appeal of Administrative Appeal Denial by Florida's Second District Court of Appeal held a Florida prisoner may seek belated review of an appeal of disciplinary action where denial of the appeal was signed eight days before it was mailed. The Court found the Hardee Correctional …
Federal Court Clarifies Texas Prisoners' Disciplinary Appeal Rights by by Matthew T. Clarke A federal district court in Austin, Texas, held that: (1) pending administrative remedies toll the 28 U.S.C. §2254(d)(2) one-year limitations period; (2) a prisoner's transfer to another prison is not a valid reason to deny him as …
Article • May 15, 2007
Sua Sponte Dismissal of Disciplinary Challenge Reversed; Wisconsin Prisoner Denied Right to Be Heard by Sua Sponte Dismissal of Disciplinary Challenge Reversed; Wisconsin Prisoner Denied Right to Be Heard The Wisconsin Court Of Appeals held that a state trial court error in refusing to issue a writ of certiorari and …
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