Thompson v. State
Decision Date | 24 February 1987 |
Docket Number | 8 Div. 664 |
Citation | 504 So.2d 747 |
Parties | Gary W. THOMPSON v. STATE. |
Court | Alabama Court of Criminal Appeals |
Dan C. Totten of Malone & Totten, Athens, for appellant.
Charles A. Graddick, Atty. Gen., and J. Elizabeth Kellum, Asst. Atty. Gen., for appellee.
This is an appeal from the denial of a petition for writ of habeas corpus. The appellant contends that there is no substantial evidence to support the action of a prison disciplinary committee in finding him guilty of fighting with a weapon because there was no eyewitness testimony.
The appellant admits fighting with inmate Southern but claims that Southern attacked him, that he fought in self-defense, and that he had no weapon. In an affidavit also considered by the disciplinary committee, the appellant claimed that Southern hit him with a "sink stopper," charged him with a "mop ringer," and tried to "stick [him] in the heart" with "something that was long and sharp." The arresting officer testified that the appellant "was in laundry [room] unauthorized and was the aggressor with a sink stopper, which was his weapon."
Sergeant Charles Blevins was requested as a witness by the appellant and his affidavit was considered by the disciplinary committee. In that affidavit he states that inmate Southern told him that the appellant attacked him, that the appellant told him that Southern attacked him, and that both inmates were treated at the health care unit.
The affidavit of inmate Eleanor Rucker states that Rucker saw the appellant and Southern "struggling."
The Alabama Department of Corrections has the authority to create and enforce rules of discipline for inmates. See § 14-3-51 and § 14-3-52, Alabama Code 1975. Discipline and administration of state detention facilities are state functions and prison officials have broad discretion in the daily operation of the correctional system. McCray v. Bennett, 467 F.Supp. 187 (Ala.1978).
The record supports the finding of the prison disciplinary board. The evidentiary standard required was stated in Superintendent Massachusetts Correctional Institution, Walpole v. Hill, 472 U.S. 445, 105 S.Ct. 2768, 2774-75, 86 L.Ed.2d 356 (1985):
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Martin v. State
...the disciplinary board's decision must neither be arbitrary nor capricious, and must be based upon some evidence. Thompson v. State, 504 So.2d 747 (Ala.Cr.App.1987); Superintendent, Massachusetts Correctional Institution, Walpole v. Hill, 472 U.S. 445, 105 S.Ct. 2768, 86 L.Ed.2d 356 (1985).......
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Byers v. State
...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 Correctional Institution, Walpole v. Hill, 472 U.S. 445, 105 S.Ct.......
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Bryant v. Ala. Dep't of Corr..
...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 Correctional Institution, Walpole v. Hill, 472 U.S. 445, 105 S.C......
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Martin v. State, 4 Div. 469
...v. Hill, 472 U.S. 445, 105 S.Ct. 2768, 86 L.Ed.2d 356 (1985); Heidelburg v. State, 522 So.2d 337 (Ala.Cr.App.1988); Thompson v. State, 504 So.2d 747 (Ala.Cr.App.1987). Here, the arresting officer testified at the disciplinary hearing that he observed the petitioner's red eyes, noticed the p......