Articles Posted in Prison Law

In re Marti (Cal. Ct. App., Sept. 3, 2021, No. C093153) 2021 WL 4452824, at *1

 Summary: CDCR Prisoner Marti filed a petition for writ of habeas corpus challenging the decision finding him guilty of a prison disciplinary violation for possession of excess property made by the warden of Mule Creek State Prison.  Marti was found guilty of an  administrative violation rather than a serious rules violation. Marti claims his rights under prison regulations were violated because the officer who heard  the violation had prior knowledge and involvement in a matter that was used as evidence at Mart’s  disciplinary hearing.

CDCR argues this case is moot because Marti  has already incurred the punishment for the decision and any future impact on him is speculative. Because the court can afford meaningful relief, the case is not moot. Without court intervention, the violation would remain in Mart’s  file and may be considered by prison officials in making decisions relating to him. Prison regulations provide for its consideration in imposing subsequent discipline. The violation may also factor into other prison decisions. The hearing officer should have been recused. Marti is entitled to have the officer’s disciplinary finding vacated.