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Article • May 5, 2017 • from PLN May, 2017
Filed under: Standard of Proof, Evidence
Kansas: Self-Defense Must be Disproved in Prison Disciplinary Proceeding by Lonnie Burton by Lonnie Burton The Kansas Supreme Court held on June 17, 2016 that prison authorities must disprove a claim of self-defense when a prisoner is charged with fighting and asserts he was merely defending himself. The ruling overturned …
Article • September 8, 2016
"Mere Possession" of a prison shank found sufficient for finding of "crime of violence' by Derek Gilna Jermaine Mobley was sentence to 37 months in the Eastern District of North Carolina in 2010 for possession of a prohibited object in prison as de­fined by 18 U.S.C. Section 1791(a)(2), after being …
Article • November 18, 2015
Nebraska: Evidence and Due Process Sufficient to Find Prisoner Guilty of Prison Rule Infraction by Nebraska: Evidence and Due Process Sufficient to Find Prisoner Guilty of Prison Rule Infraction The Nebraska Court of Appeals has affirmed a lower court’s holding that prisoner James Saylor received due process and was found …
Article • September 15, 2011
California: Probation Revocation Based Upon Hearsay Evidence Was Error by by John E. Dannenberg The California Court of Appeal reversed a prisoner's revocation of probation that had rested upon hearsay evidence at his revocation hearing. The court held that where there had been no impediment to having gained actual witness …
Article • May 15, 2010
7th Circuit Denies Habeas Relief of Illinois Prisoner’s Good-Conduct Revocation by On October 22, 2009, the 7th Circuit affirmed an Illinois district court’s ruling denying habeas corpus relief to state prisoner, Lasard Lucas. During 20 years of incarceration, from 1985 to 2005, Lucas lost more than 12 years of good-conduct …
Findings of Fact by Indiana Disciplinary Panel Not Entitled toPresumption of Correctness for Federal Habeas Purposes by John Dannenberg 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 …
Supreme Court Addresses Mail, Good-Time, Legal Aid, Disciplinary Issues by The U.S. Supreme Court held that restoration of good-time was unavailable under § 1983; some constitutional rights are retained in prison disciplinary proceedings; minimal due process is required if loss of good-time is a possibility; disciplinary due process procedures ordered …
Extra Protection Provided Under Florida Disciplinary Rules by Florida's First District Court of Appeal has held that the Florida Department of Corrections (FDOC) rules require it to provide a prisoner with the names of witness to incidents within the disciplinary report, produce videotapes, or explain the reasons for the failure …
Article • May 15, 2007
"Some Evidence" Exists Iowa Prisoner Engaged in Assault Rather than Fighting by The Eighth Circuit Court of Appeals held there was some evidence" to find a prisoner at the Iowa State Penitentiary guilty of assault rather than fighting. A guard observed two prisoners horse playing in the exercise pen, and …
Confidential Informants Require Credibility Finding by The court of appeals for the Seventh circuit affirmed in part, reversed in part, a district court order denying prisoner's counsel access to a confidential informant's under seal. A federal prisoner was found guilty in a prison disciplinary hearing of stabbing another prisoner at …
Damages Awarded in NY Urine Test Suit by A federal district court in New York entered an injunction and awarded $3,243.50 in damages, plus attorney fees, to a New York prisoner whose urine specimen lacked a full chain on custody and where no required confirmation test for drug use was …
Article • May 15, 2007
Common Area Contraband Disciplinary Conviction Upheld by The U.S. Court of Appeals for the Seventh Circuit held, in a split decision, that weapons found in a ventilation shaft adjacent to eight Stateville prison cells, which housed a total of 32 prisoners, provided the "some evidence" necessary to sustain a disciplinary …
Indiana Prisoner's CAB Conviction for Tobacco Trafficking Supported by Evidence by The U.S. Seventh Circuit Court of Appeals affirmed the U.S. District Court for the Southern District of Indiana in denying habeas corpus relief to an Indiana prisoner convicted of tobacco trafficking in a prison disciplinary hearing. Tim Godby, an …
Indiana Prisoner's Tobacco Trafficking Conviction Upheld; Habeas Corpus Denied by The U.S. Seventh Circuit Court of Appeals, affirming the U.S. District Court for the Northern District of Indiana, denied habeas corpus relief to an Indiana state prisoner convicted of trafficking in tobacco. James Hupson is a prisoner at the Miami …
Iowa: Due Process Not Violated In Disciplinary Proceedings by The Supreme Court of Iowa held that an Iowa state prisoner's due process rights were not violated by a prison disciplinary committee. After being charged with violating prison rules associated with the smuggling and dispensing of alcohol within the prison, Michael …
Wolff Applies to Jail Prisoner Disciplinary Hearings by At 678: "Pre-trial detainees may not be punished without due process of law. . . . A pre-trial detainee is entitled to the procedural protections of Wolff v. McDonnell . . ., before imposition of punishment for a disciplinary infraction." At 679: …
Article • November 15, 2006 • from PLN November, 2006
Minnesota Court Invalidates Some Evidence Standard in Disciplinary Hearings for Fact-Finding by David Reutter Minnesota Court Invalidates Some Evidence Standard in Disciplinary Hearings for Fact-Finding by David M. Reutter The Minnesota Supreme Court has held that a Minnesota Department of Corrections disciplinary hearing fact-finder must find by a preponderance of …
New Federal Civil Rights Tax Relief Act Ends Double Taxation On Attorney Fee Awards by California Drug Possession" Disciplinary Satisfied By Positive Urine Test The California Court of Appeal held that a positive urine test for THC (marijuana) was some evidence" sufficient to uphold a prison disciplinary finding of possession" …
Cold, Vermin and Sewage in New York Prison May Violate Eighth Amendment by John E Dannenberg by John E. Dannenberg A New York state prisoner who had been subjected to inhumane and unsanitary living conditions was found by the Second Circuit US Court of Appeals to have stated a claim …
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