Spooner v. State
Spooner v. State
Opinion
Spooner appeals the summary dismissal of his pro se petition for writ of habeas *Page 430 corpus challenging the constitutionality of a disciplinary proceeding which resulted in the loss of four months' good time. In his petition, Spooner specifically asserted that the institutional officers took disciplinary action against him without providing him with a constitutionally sufficient statement of the reasons for their actions and the evidence upon which they relied. Spooner's petition was dismissed upon the State's motion. Attached to this motion was a copy of the Disciplinary Report1 and an unsworn statement of the arresting officer. The "Committee findings reasons" recited in the Disciplinary Report are as follows:
"GUILTY, by the Arresting Officer's statement and the facts surrounding the charge. It was presented to the board that inmate Spooner was not in the area of assignment. The board, therefore, determined Spooner to be guilty [sic]."
In Wolff v. McDonnell,
This court has observed this Wolff standard in determining statements similar to the instant one to fall short of the inmate's minimal procedural due process rights. In Barker v.State,
We fail to see any difference between these inadequate statements and the statement of Spooner's disciplinary board. The board in the instant case likewise failed to specify the facts in the officer's report upon which it relied. Due process requires more than a boilerplate sentence which could be applied in every case; otherwise the concerns of Wolff would not be protected.
The Attorney General contends that the arresting officer's statement attached to the State's motion to dismiss is incorporated by reference into the board's report and hence provides a sufficient written statement. This court disagrees. Even if the board's statement incorporates the officer's report, such adoption does not satisfy Wolff. This general finding by the board does not ensure that prison officials will act fairly. Nor will this finding protect the prisoner against subsequent collateral effects resting upon misunderstanding of the initial decision. The report in and of itself should contain a meaningful statement setting forth the essential facts relied upon.
Therefore, the trial court's judgment dismissing Spooner's petition is hereby set aside and vacated and this cause is remanded to the trial court for further proceedings consistent with this opinion.
REVERSED AND REMANDED.
All the Judges concur.
Reference
- Full Case Name
- Loren Spooner v. State.
- Cited By
- 15 cases
- Status
- Published