Violation of Right to Due Process

Listen to this article

7^th Circuit Court of Appeals

Case Name: Charles Donelson v. Randy Pfister

Case No.: 14-3395

Officials: POSNER, ROVNER, and HAMILTON, Circuit Judges.

Practice Area: Violation of Right to Due Process

Court disallowing appellant to call witness of have access to exculpatory recording followed by ruling against appellant on merits violated his right to due process.

“Donelson told the adjustment committee that the named witnesses would testify that he complied with rather than opposed Watson’s orders, that the surveillance videos would confirm he had permission to leave the wing during the first incident and that two guards kept him from fleeing Watson’s assault during the second incident, and that the telephone recording would show that he called for help during Watson’s assault. This evidence, if Donelson has described it accurately, would undermine the committee’s decision. We could not conclude that any error in excluding the evidence was harmless. Compare Pannell v. McBride, 306 F.3d 499, 503 (7th Cir. 2002) (remanding for evidentiary hearing when testimony “might have buttressed a potentially valid defense”), and Piggie v. Cotton, 344 F.3d 674, 679 (7th Cir. 2003) (remanding for evidentiary hearing when record did not “demonstrate with any degree of certainty that” requested evidence “lacked exculpatory value or was otherwise irrelevant”), with Jones, 637 F.3d at 846–47 (affirming denial of § 2254 petition because proffered testimony would not have changed disciplinary committee’s guilty finding), and Piggie, 344 F.3d at 678 (rejecting argument that denial of requested witnesses violated due process since inmate failed to explain how testimony would have aided his defense).”

Vacated and Remanded

Full Text

Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.