Downing (Curtis) v. State

Appellant failed to demonstrate a violation of due process because he received: (1) advance written notice of the charges; (2) written statement of the fact finders of the evidence relied upon and the reasons for disciplinary action; and (3) a qualified right to call witnesses and present evidence. Wolff v. McDonnell, 418 U.S. 539, 563-69 (1974). The record indicates that the prison disciplinary hearing officer attempted to contact the inmate-witness but could not find the witness after his discharge. The prison disciplinary hearing officer considered the substance of the testimony that the witness would have offered. The fact that appellant's inmate-witness was not available at the time of the hearing did not deprive appellant of due process. The fact that the department did not return credits at the first hearing prior to the second hearing does not amount to a due-process violation. Accordingly, we ORDER the judgment of the district court AFFIRMED.

o2e,0-&1 J. Hardesty

J. Cherry

...continued and signification hardship on the inmate in relation to the ordinary incidents of prison life).

SUPREME COURT

OF

NEVADA (0) 1947A cc: Hon. Elissa F. Cadish, District Judge

Curtis Lundy Downing

Attorney General/Las Vegas

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk

SUPREME COURT

OF

NEVADA (0) 1947A