Bryant v. Ala. Dep't of Corr.., CR–09–1375.

• Court: Alabama Court of Criminal Appeals
• Writing for the Court: WELCH, Judge.
• Citation: 61 So.3d 1109
• Decision Date: 01 October 2010
• Docket Number: CR–09–1375.
• Parties: Quantrey BRYANTv.ALABAMA DEPARTMENT OF CORRECTIONS.

61 So.3d 1109

Quantrey BRYANT
v.
ALABAMA DEPARTMENT OF CORRECTIONS.

CR–09–1375.

Court of Criminal Appeals of Alabama.

Oct. 1, 2010.

[61 So.3d 1110]

Quantrey Bryant, pro se.Kim T. Thomas, gen. counsel, and Albert S. Butler, asst. gen. counsel, Alabama Department of Corrections, for appellee.WELCH, Judge.

Quantrey Bryant appeals from the dismissal of his petition for a writ of habeas corpus, wherein he alleged that he was denied due process in a prison disciplinary proceeding. He was found guilty in the disciplinary proceeding of violating Rule No. 64, Administrative Regulation No. 403 (possession of contraband). Bryant was sanctioned with 45 days' disciplinary segregation and loss of privileges. Bryant lost one year and seven months good-time credit.

In his petition, Bryant contended that he was denied due process in the prison disciplinary proceeding because, according to him, the hearing officer's decision was based solely on hearsay. Thus, he claimed, the evidence against him failed to meet the “some-evidence” standard and the hearing officer's finding was arbitrary and capricious. The Alabama Department of Corrections (“DOC”) filed a motion to dismiss, arguing that the petition failed to state a claim upon which relief could be granted and that Bryant had, in fact, been

[61 So.3d 1111]

afforded due process. The DOC attached to its motion to dismiss several documents, including a copy of the disciplinary report and a copy of the institutional incident report. The circuit court granted the DOC's motion to dismiss the petition.

On appeal, Bryant restates his argument that he was denied the minimum due-process requirements established in Wolff v. McDonnell, 418 U.S. 539, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974), when the hearing officer made a decision based solely on hearsay testimony. We first note that the loss of good-time credit constitutes a denial of a liberty interest that triggers the due-process requirements established in Wolff. Summerford v. State, 466 So.2d 182 (Ala.Crim.App.1985).

“In Wolff [ v. McDonnell], 418 U.S. [539] at 541–42, 94 S.Ct. 2963 [ (1974) ], the United States Supreme Court held that due process requires that a prisoner in a disciplinary proceeding where a liberty interest is implicated must be afforded advance (no less than 24 hours) notice of the charge against him; the right to be present at the disciplinary hearing; the right to present documentary evidence on his behalf; a qualified right to have a representative present on his behalf; a qualified right to call witnesses; and a written statement of the evidence relied on and the reasons for the decision of the disciplinary body. See Brown v. State, 592 So.2d 621, 623 (Ala.1991); and Zamudio v. State, 615 So.2d 156, 157 (Ala.Crim.App.1993). In Thompson v. State, 504 So.2d 747, 748 (Ala.Crim.App.1987), this Court relying on Superintendent, Massachusetts...