· 5/23/2007
Howard v. United States Bureau of Prisons
Citations
- 487 F.3d 808
- 2007 U.S. App. LEXIS 12038
- 2007 WL 1492334
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that, where an incident report indicated that prison officers discovered a hypodermic syringe among an inmate’s legal papers, there was evidence to support the disciplinary conviction despite the fact that the inmate “did not have actual possession of the” syringe
- holding contraband found in petitioner’s shared cell constituted “‘some evidence’ sufficient to support the disciplinary sentence on a theory of constructive possession”
- explaining that § 2241 petition is properly filed in the district where the prisoner is confined at the time of the filing
- noting that prison officials could not know if a videotape was “needlessly cumulative without looking at it”
- observing that the record provided “strong inferential support” that the petitioner requested that the DHO review video evidence
- holding 2 that Federal Bureau of Prisons’ refusal to produce and review a videotape violated habeas 3 petitioner’s due process right to present documentary evidence in his own defense in prison 4 disciplinary proceeding
Source: CourtListener parenthetical corpus (CC0).
Judges: Hartz, Ebel, Tymkovich
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.