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16-021 - WHITE v. BROWN

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16-021 - WHITE v. BROWN
August 12, 2016
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Entry Granting Petition for Writ of Habeas Corpus as to Claim of Inadequate Notice - The petition of Keith White for a writ of habeas corpus challenges a prison disciplinary proceeding, RDC 15-09-0022, in which he was found guilty of attempting to engage in trafficking. For the reasons explained in this entry, Mr. White's habeas petition must be granted as to his claim that he was not given adequate notice. Because Mr. White was not given adequate notice of the charge and evidence used against him, his due process rights were violated. Accordingly, his petition for writ of habeas corpus must be granted. The sanctions imposed in RDC 15-09-0022 must be vacated and rescinded. This ruling does not prevent the respondent from conducting a rehearing on the charge after providing Mr. White with constitutionally adequate notice. Judgment consistent with this Entry shall now issue. (See Entry.) Signed by Judge Jane Magnus-Stinson on 8/12/2016.(BRR)