James v. State, s. 90-1130

• Citation: 479 N.W.2d 287
• Decision Date: 24 December 1991
• Docket Number: 90-1137,Nos. 90-1130,s. 90-1130
• Parties: Roger W. JAMES, Appellant, v. STATE of Iowa, Appellee. Robert John MILLER, Appellant, v. STATE of Iowa, Appellee.
• Court: United States State Supreme Court of Iowa

Page 287

479 N.W.2d 287

Roger W. JAMES, Appellant, v. STATE of Iowa, Appellee.

Robert John MILLER, Appellant, v. STATE of Iowa, Appellee.

Nos. 90-1130, 90-1137.

Supreme Court of Iowa.

Dec. 24, 1991.

Mary K. Hoefer, Mears Law Office, Iowa City, for appellants.

Bonnie J. Campbell, Atty. Gen., Gordon E. Allen, Deputy Atty. Gen., and Kristin W. Ensign, Asst. Atty. Gen., for appellee.

Considered by McGIVERIN, C.J., and HARRIS, CARTER, NEUMAN and ANDREASEN, JJ.

McGIVERIN, Chief Justice.

In unrelated proceedings, applicants Roger W. James and Robert John Miller, inmates at the Iowa State Men's Reformatory, were found guilty of violating certain prison disciplinary rules. After applicants had separately exhausted their administrative remedies, ¹ each filed an application in the district court seeking postconviction relief. See Iowa Code §§ 663A.2(6) and 663A.3 (1989). The district court denied both applications and James and Miller have appealed.

These cases were consolidated for purposes of appeal because of the similarity of the issues being raised by the litigants. We, now, affirm the district court's denial of both applications.

I. Background facts and proceedings.

A. Applicant James. In October 1988, applicant James received a disciplinary notice charging him with using sandpaper to fashion a sharpened edge on a piece of plastic or plexiglass. After a hearing before the disciplinary Adjustment Committee (committee), James was found guilty of violating a prison disciplinary rule prohibiting the possession of dangerous contraband. As a result of the ruling, James lost sixteen days of good conduct time and received other discipline. James administratively appealed the ruling first to the prison warden, and then to the Director of Corrections. See Iowa Code § 903A.3(2). Both appeals were unsuccessful.

James then filed the present application for postconviction relief. See Iowa Code §§ 663A.2(6) and 663A.3. He claimed in the postconviction court that there was insufficient evidence to support the committee's finding that he had violated a prison disciplinary rule, and also that the committee violated his due process right to a fair hearing.

In a decision filed on June 20, 1990, the district court denied James' application. James filed a notice of appeal on July 16, 1990.

B. Applicant Miller. In March 1989, applicant Miller received a disciplinary notice charging him with the theft of a magazine and another resident's identification. After a hearing before the committee, Miller was found guilty of violating a prison disciplinary rule against theft. As a result of this finding, Miller lost sixteen days of good conduct time and received other discipline. Miller administratively appealed the ruling first to the prison warden, and then to the Director of Corrections. See Iowa Code § 903A.3(2). Both appeals were unsuccessful.

Miller then filed the present application for postconviction relief. See Iowa Code §§ 663A.2(6) and 663A.3. He claimed in the postconviction court that there was insufficient evidence to support the committee's finding that he had violated a prison disciplinary rule.

In a decision filed on June 20, 1990, the district court denied Miller's application. Miller filed a notice of appeal on July 19, 1990.

II. State's motions to dismiss. On July 1, 1990, an amendment to Iowa Code section 663A.9 went into effect. Prior to this amendment, a postconviction applicant had a right of direct appeal from adverse prison disciplinary rulings. See Iowa Code § 663A.9 (1989). Section 663A.9, as amended by 1990 Iowa Acts chapter 1043, section 1 (codified at Iowa Code section 663A.9 (1991)), abrogates that right. The statute now provides:

An appeal from a final judgment entered under this chapter may be taken, perfected, and prosecuted either by the applicant or by the state in the manner and within the time after judgment as provided in the rules of appellate procedure for appeals from final judgments in criminal cases. However, if the applicant is seeking an appeal under section 663A.2, subsection 6 [from a prison disciplinary ruling resulting in loss of good conduct time], the appeal shall be by writ of certiorari.

(Emphasis supplied.)

The State has filed motions to dismiss these appeals. It contends that, because amended section 663A.9 became effective on July 1, 1990, and because applicants James and Miller did not file their notices of appeal until July 16 and 19, 1990, applicants no longer have a right to appeal from their adverse prison disciplinary rulings.

Applicants resist the motions to dismiss their appeals. They contend that their rights to appeal became fixed at the time of the postconviction court's final judgments. They argue that, because the postconviction court entered its final judgments denying their applications on June 20, 1990, and because amended section 663A.9 did not become effective until July 1, 1990, they still have the right to direct appeal from the prison disciplinary rulings. We agree with applicants' contentions and conclude that they have the right to direct appeal in accordance with the pre-amended version of Iowa Code section 663A.9.

As an initial matter, we note that the right of appeal is not an inherent or constitutional right; it is a purely statutory right that may be granted or denied by the legislature as it determines. See Boomhower v. Cerro Gordo County Bd. of Adjustment, 163 N.W.2d 75, 76 (1968). See generally 4 Am.Jur.2d Appeal and Error § 1, at 533 (1962); 4 C.J.S. Appeal & Error § 1, at 65 (1957). However, it is the general rule that, unless the legislature clearly indicates otherwise, "statutes controlling appeals are those that were in effect at the time the judgment or order appealed from was rendered." Ontjes v. McNider, 224 Iowa 115, 118, 275 N.W. 328, 330 (1937); see also Weimer v. Lueck, 234 Iowa 1231, 1240, 15 N.W.2d 291, 295 (1944) (where appeal was taken after new rules of procedure became effective, but adverse ruling assigned as error was made prior thereto, appeal was disposed of under old rules); Hancock Sav. Bank v. McMahon, 201 Iowa 657, 663, 208 N.W. 74, 77 (1926) (where judgment was entered before new statute limiting the time for taking an appeal went into effect, appeal taken therefrom within time allowed by old statute was not subject to motion to dismiss). ² See generally 4 Am.Jur.2d Appeal and Error § 300, at 787 (1962); 4 C.J.S. Appeal & Error §§ 2-4, at 67-70 (1957).

The judgments from which applicants James and Miller appeal were rendered on June 20, 1990. The statute controlling appeals from prison disciplinary rulings which was in effect on that date provided for a right of direct appeal. See Iowa Code § 663A.9 (1989). Because statutes controlling appeals are those that were in effect at the time the judgment or order appealed from was rendered, we conclude that applicants James and Miller have rights of direct appeal pursuant to the pre-amended version of section 663A.9.

Accordingly, we overrule the State's motions to dismiss these appeals and proceed to a consideration of the merits of appellants' arguments.

III. Use of confidential information. Applicant James contends that the committee improperly relied upon confidential information in concluding that he had violated a prison disciplinary rule prohibiting the possession of dangerous contraband. Applicant Miller likewise contends that the committee improperly relied upon confidential information in concluding that he had violated a prison disciplinary rule against theft. For the reasons that follow, we conclude that the committees properly relied upon confidential information in each case.

The United States Supreme Court has enumerated the rights to which inmates of state prisons are entitled in prison disciplinary proceedings. Where a prisoner is charged with serious misconduct and is penalized with the loss of good conduct time or with punitive segregation, the prisoner's rights include: 1) advance written notice of the charges; 2) an opportunity to call witnesses and present documentary evidence, provided that to do so will not jeopardize institutional safety or correctional goals; and 3) a written statement by the factfinder of the evidence relied upon and the reasons for the disciplinary action taken. Wolff v. McDonnell, 418 U.S. 539, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974). Furthermore, in order for a decision of a prison disciplinary board revoking good conduct time to satisfy the requirements of due process, there must be "some evidence" in the record to support the board's decision. Superintendent v. Hill, 472 U.S. 445, 455-56, 105 S.Ct. 2768, 2774, 86 L.Ed.2d 356, 365 (1985) (the relevant question is whether there is any evidence in the record that could support the disciplinary committee's decision); Mahers v. State, 437 N.W.2d 565, 569 (Iowa 1989); Wilson v. Farrier, 372 N.W.2d 499, 502 (Iowa 1985); see also Fichtner v. Iowa State Penitentiary, 285 N.W.2d 751 (Iowa 1979).

We have held that confidential information statements may provide sufficient evidence for prison disciplinary action. See Wilson, 372 N.W.2d at 502. However, neither prison inmates nor their attorneys have absolute due process rights to confront or cross-examine informants supplying such information. Wolff, 418 U.S. at 567-69, 94 S.Ct. at 2980-81, 41 L.Ed.2d at 957-58; Wilson, 372 N.W.2d at 502. See generally Howard v. State, 439 N.W.2d 193, 194 (Iowa 1989); Niday v. State, 353 N.W.2d 92, 93-94 (Iowa 1984). Thus, prison officials are entitled to exercise discretion in refusing to disclose the identity of confidential informants in order that the safety of such persons will not be jeopardized. Howard, 439 N.W.2d at 194; Williams v. State, 421 N.W.2d 890, 893 (Iowa 1988). Furthermore, a disciplinary board has the right to rely on a confidential informant's statements and to disbelieve an inmate's denials, Wilson, 372 N.W.2d at 502; Kelly v. Nix, 329 N.W.2d 287, 294 (Iowa 1983), and...