Morris (Brent) v. Warden ( 2014 )


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  •                   was deprived of due process because he did not receive timely notice of the
    charges, he was not allowed to present witnesses, there was not some
    evidence to support the charges, the hearing officer was biased, and the
    sanctions amounted to cruel and unusual punishment. 2
    Appellant failed to demonstrate a violation of due process
    because he: (1) received advance written notice of the charges; (2) received
    a written statement of the evidence relied upon and the reasons for
    disciplinary action; and (3) was provided a qualified right to call witnesses
    and present evidence. 3 Wolff v. McDonnell, 
    418 U.S. 539
    , 563-69 (1974).
    Appellant failed to demonstrate that the hearing officer was not impartial.
    Some evidence supports the decision by the prison disciplinary hearing
    officer, Superintendent v. Hill, 
    472 U.S. 445
    , 455 (1985), and the sanctions
    2 To the extent that appellant challenged his placement in
    disciplinary segregation, appellant's challenge was not cognizable in a
    petition for a writ of habeas corpus. See Bowen v. Warden, 
    100 Nev. 489
    ,
    490, 
    686 P.2d 250
    , 250 (1984); see also Sandin v. Conner, 
    515 U.S. 472
    ,
    486 (1995) (holding that 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 1nregards to the latter, appellant did not request specific witnesses
    at the preliminary inquiry, and the hearing officer stipulated to the
    substance of the testimony that would have been presented.
    SUPREME COURT
    OF
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    imposed did not constitute cruel and unusual punishment. Accordingly,
    we
    ORDER the judgment of the district court AFFIRMED. 4
    Adam              J.
    Pickering
    cOir            , J.
    Parraguirre
    J.
    Saitta
    cc: Hon. James E. Wilson, District Judge
    Brent Morris
    Attorney General/Carson City
    Carson City District Attorney
    Carson City Clerk
    4 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
    3
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Document Info

Docket Number: 64755

Filed Date: 6/11/2014

Precedential Status: Non-Precedential

Modified Date: 10/30/2014