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Reliable Evidence Required at Disciplinary Hearing
Loaded on Sept. 15, 1997
published in Prison Legal News
September, 1997, page 20
A federal district court in Indiana granted a habeas corpus petition after finding a prisoner was denied the ability to present exculpatory evidence at a prison disciplinary hearing. Monte McPherson, an Indiana state prisoner, was infracted and found guilty of having sex with another prisoner. McPherson lost 90 days of …
Filed under:
Disciplinary Hearings,
Evidentiary Ruling (Disciplinary Hearings),
Standard of Proof,
Habeas Corpus.
Location:
Indiana.
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More from this issue:
- U.S. Supreme Court: No Immunity for Private Prisons, by Paul Wright
- ADA Applies to State Prisons
- Pro Se Tips and Tactics (Consent Decrees), by John Midgley
- Second Circuit Affirms IFP Provisions
- Sixth Circuit Explains PLRA Again
- PLRA Applies to Juveniles, Retroactive on Attorney Fees
- PLRA Forbids Dismissal of Suits Without Paid Fees
- Gun Law Threatens Police, Military, Prisons
- A Matter of Fact
- BOP Mutiny Convictions Affirmed
- Vacant Judgeships Cripple Federal Judiciary, by Dan Pens
- DC Women Prisoners' Suit Reversed
- Alabama Phone System Upheld
- Pepper Spray too Dangerous for DOC Training?
- Former Mississippi Guards Lose Sentencing Appeal
- Disciplinary Segregation Can Create Liberty Interest
- New York Jail Overcrowding Unconstitutional
- Prisoners Held Beyond Release Date Sue
- Montana Paying for 1991 Prison Uprising
- Supreme Court Strikes Down RFRA as Unconstitutional
- Attorney Fee Award in Nominal Damage Case Affirmed
- Detainee Awarded $64,000 in Guard Attack
- Farmer Loses at Jury Trial
- Iowa Grievance Retaliation Suit Set for Trial
- Indiana ADA Verdict Affirmed
- Fact Finding of Segregation Conditions Required in Disciplinary Suit
- Failure to Remove Sutures States Claim
- Nebraska Women's Court Access Case Reversed
- Consent Decrees Enforceable on Its Own Terms
- Jail Assault Requires Trial
- Reliable Evidence Required at Disciplinary Hearing
- Court Reduces Jury Award in Beating Suit
- Sandin Analyzed for New York Prisoners
- News in Brief
- New Jersey Prisoners Have Liberty Interest in Parole
- No Right to TV or Radio
More from these topics:
- California Court of Appeal: Trial Courts Have Inherent Authority to Correct Unauthorized Sentences at Any Time Without Habeas Petition, Jan. 1, 2026. Habeas Corpus, Possession or Use of Firearms, Sentences - Authorized, Sentences - Corrections or Modifications of, Effect of Vacatur.
- First Circuit Announces Modification of Juvenile’s Life-Without-Parole Sentence to Parole-Eligible Life Term Constitutes “New Judgment” Under AEDPA, Exempting Second-in-Time Habeas Petition From Gatekeeping Requirements, Jan. 1, 2026. Parole, Habeas Corpus, Life without Parole (LWOP), AEDPA, Juvenile Offenses/Offenders.
- Supreme Court of Maryland Announces Division of Correction Must Immediately Apply Time-Served Credit Against Valid Sentences When Convictions Are Vacated and May Not Toll Execution Pending Reprosecution; New Sentences Arising From New Convictions Take, Jan. 1, 2026. Habeas Corpus, Overdetention, Effect of Vacatur, Credits, Concurrent and Consecutive Sentences.
- Alabama Supreme Court Denies DOC’s Improper Venue Objection, Jan. 1, 2026. Defenses, Good Time, Habeas Corpus, Failure to Object, Authority and Jurisdiction.
- First Circuit: District Court Abused Discretion by Sua Sponte Raising Statute of Limitations Defense to Habeas Petition After Respondents Had Intelligently “Waived” It by Being Aware of Availability but Failing to Assert It, Nov. 15, 2025. Defenses, Limitations, Habeas Corpus, Double jeopardy, Knowingly and Intelligently.
- Texas Court of Criminal Appeals Announces Defendants on Appeal Bonds for Fine-Only Class C Misdemeanors Are “Restrained” for Purposes of Seeking Habeas Relief, Nov. 15, 2025. Habeas Corpus, Collateral Consequences, Pending Appeal/Sentencing, Statutory Construction/Interpretation, Authority and Jurisdiction.
- Eighth Circuit Announces § 2255 One-Year Limitations Period Begins to Run in Deferred-Restitution Criminal Case When Subsequent Amended Judgment Finalizes Amount, Nov. 15, 2025. Limitations, Habeas Corpus, Restitution, AEDPA.
- SCOTUS Overturns Oklahoma Prisoner’s Death Sentence After More than 25 Years on Death Row, Nov. 1, 2025. Ex Post Facto, Good Time, Wrongful Conviction, Habeas Corpus, Wrongful Imprisonment, Pardons/Clemency, First Step Act, Civil Asset Forfeiture Reform Act (CAFRA), Specific Offenses, Controlled Substances, Weapons, Accuracy of Information, Depraved Indifference Murder, Evidence - Circumstantial, Theft, Failure to Disclose, Perjury/Perjured Testimony, Evidence - Failure to Disclose, New Trial - Motions for, Pleas Linked to Cooperation, Evidence - Destruction/Fabrication/Manipulation of, Selective Prosecution/Enforcement, Improper Comments, Official Report, Withholding of Exculpatory Evidence, Exculpatory Evidence - Disclosure Obligations.
- Fourth Circuit Rules in Favor of Prisoner’s Eligibility for Time Credits, Nov. 1, 2025. Good Time, Habeas Corpus, First Step Act, Bureau of Prisons (BOP), Statutory Construction/Interpretation, Death/Bodily Injury, Sentencing Findings.
- Eleventh Circuit Overturns 1990 Alabama Death Sentence Over Racially Biased Jury Selection; ACLU Report Shows It Is Still Happening, Nov. 1, 2025. Racial Discrimination, Habeas Corpus, Death Penalty, Batson Claims, Racial Bias Exception.

