Lepley (Brian) v. Warden ( 2013 )


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  •                 failed to demonstrate a violation of due process because he received: (1)
    advance written notice of the charges; (2) written statement by the fact
    finders of the evidence relied upon and the reasons for disciplinary action;
    and (3) an opportunity to present witnesses and evidence.           Wolff v.
    McDonnell, 
    418 U.S. 539
    , 563-69 (1974). Confrontation and cross-
    examination in prison disciplinary proceedings are not required because
    these procedures present "greater hazards to institutional interests."    
    Id. at 567-68
    . 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. 3
    Hardesty
    Parraguirre
    erry
    3 We  have reviewed all documents that appellant has submitted in
    proper person to the clerk of this court in this matter, and we conclude
    that no relief based upon those submissions is warranted. To the extent
    that appellant has attempted to present claims or facts in those
    submissions which were not previously presented in the proceedings
    below, we have declined to consider them in the first instance.
    SUPREME COURT
    OF
    NEVADA
    2
    (0) 1947A
    cc: Hon. Susan Scann, District Judge
    Brian Eugene Lepley
    Attorney General/Las Vegas
    Attorney General/Carson City
    Clark County District Attorney
    Eighth District Court Clerk
    SUPREME COURT
    OF
    NEVADA
    3
    (0) 1947A
    astro-ow
    

Document Info

Docket Number: 62515

Filed Date: 7/23/2013

Precedential Status: Non-Precedential

Modified Date: 4/18/2021