· 1/17/2002
Clyde Piggie v. Daniel McBride Superintendent
Citations
- 277 F.3d 922
- 2002 U.S. App. LEXIS 723
- 2002 WL 59238
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a request for evidence is timely if it is made \either before or at the hearing\
- noting that prison officials \may not arbitrarily refuse to consider exculpatory evidence simply because other evidence in the record suggests guilt\ (internal quotations omitted)
- observing that prison disciplinary boards are not “courts for purposes of 28 U.S.C. § 2254(d)”
- acknowledging that, if the petitioner failed to request video evidence “either before or at the hearing, then the [respondents] could not have denied him due process by not considering the request”
- a request is timely if it is made \either before or at the hearing.\
- “We agree that if [an inmate] fails to make such a request either before or at the hearing, then the [disciplinary committee] could not have denied him due process by not considering the request.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Posner, Manion, Rovner
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.