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Coleman v. Baker

COURT OF APPEALS OF THE STATE OF NEVADA
Mar 17, 2015
No. 66670 (Nev. App. Mar. 17, 2015)

Opinion

No. 66670

03-17-2015

RONNIE MONEY COLEMAN, Appellant, v. RENEE BAKER, Respondent.


An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123,

ORDER OF AFFIRMANCE

This is an appeal from an order of the district court denying a post-conviction petition for a writ of habeas corpus. Seventh Judicial District Court, White Pine County; Steve L. Dobrescu, Judge.

This appeal has been submitted for decision without oral argument, NRAP 34(f)(3), and we conclude that the record is sufficient for our review and briefing is unwarranted. See Luckett v. Warden, 91 Nev. 681, 682, 541 P.2d 910, 911 (1975).

In his petition, filed on April 17, 2014, appellant challenged a prison disciplinary hearing that resulted in his placement in disciplinary segregation and the loss of statutory good time credits. Appellant asserted that the disciplinary charge should be removed from his record because the criminal charge relating to the same incident was dismissed.

When a prison disciplinary hearing results in the loss of statutory good time credits, the United States Supreme Court has held that minimal due process rights entitle a prisoner to: (1) advance written notice of the charges, (2) a qualified opportunity to call witnesses and present evidence, and (3) a written statement by the fact-finder of the evidence relied upon. Wolff v. McDonnell, 418 U.S. 539, 563-69 (1974). In addition, some evidence must support the disciplinary hearing officer's decision. Superintendent v. Hill, 472 U.S. 445, 455 (1985). In reviewing a claim that the "some evidence" standard was not met, the court must determine whether there is any evidence in the record to support the disciplinary hearing officer's conclusion. Id. at 455-56. Significantly, reviewing courts are not required to examine the entire record, independently assess the credibility of witnesses, or weigh the evidence. Id.

Appellant did not demonstrate that he was entitled to relief. The evidence in the record was sufficient to support the finding of the disciplinary hearing officer that appellant committed MJ2 (assault), MJ3 (battery), and MJ15 (mayhem). Evidence before the hearing officer established that appellant attacked another inmate with a weapon. Given this evidence, we conclude that the district court properly denied the petition. Accordingly, we

ORDER the judgment of the district court AFFIRMED.

/s/_________, C.J.

Gibbons

/s/_________, J.

Tao

/s/_________, J.

Silver
cc: Hon. Steve L. Dobrescu, District Judge

Ronnie Money Coleman

Attorney General/Carson City

Attorney General/Ely

White Pine County Clerk


Summaries of

Coleman v. Baker

COURT OF APPEALS OF THE STATE OF NEVADA
Mar 17, 2015
No. 66670 (Nev. App. Mar. 17, 2015)
Case details for

Coleman v. Baker

Case Details

Full title:RONNIE MONEY COLEMAN, Appellant, v. RENEE BAKER, Respondent.

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Mar 17, 2015

Citations

No. 66670 (Nev. App. Mar. 17, 2015)