Gall (Jason) v. Warden ( 2015 )


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  •                                 Appellant failed to demonstrate a violation of due process
    because he received advance written notice of the charges and a written
    statement of the evidence relied upon and the reasons for disciplinary
    action, and he was provided a qualified right to call witnesses and present
    evidence. Wolff v. McDonnell, 
    418 U.S. 539
    , 563-69 (1974). The recording
    of the disciplinary hearing indicates that appellant declined to present
    witnesses. Further, appellant failed to demonstrate he was illiterate or
    that complex issues were involved, and therefore, he failed to demonstrate
    that he should have received the help of inmate counse1. 3 
    Id. at 570
    .
    Some evidence supports the decision by the prison disciplinary hearing
    officer, Superintendent v. Hill, 
    472 U.S. 445
    , 455 (1985), and therefore,
    appellant failed to demonstrate that he was entitled to relief. Accordingly,
    we
    ORDER the judgment of the district court AFFIRMED.
    J.
    Saitta
    Gibbons
    ...continued
    
    686 P.2d 250
     (1984); see also Sandin v. Conner, 
    515 U.S. 472
    , 486 (1995)
    (holding that a liberty interest protected by the Due Process Clause will
    generally be limited to freedom from restraint which imposes an atypical
    and significant hardship on the inmate in relation to the ordinary
    incidents of prison life).
    3 We  further note that appellant declined the assistance of inmate
    counsel at the disciplinary hearing.
    SUPREME COURT
    OF
    NEVADA
    2
    (0) (947A AFIDA.
    cc:   Hon. Steve L. Dobrescu, District Judge
    Jason Gall
    Attorney General/Carson City
    Attorney General/Ely
    White Pine County Clerk
    SUPREME COURT
    OF
    NEVADA
    3
    (0) 1947A
    

Document Info

Docket Number: 66562

Filed Date: 6/24/2015

Precedential Status: Non-Precedential

Modified Date: 4/18/2021