By: dmc-admin//January 21, 2002//
“Because the district court applied that presumption in vacating its judgment and denying habeas relief in this case, we remand the case to the district court to determine (1) whether the surveillance tape has been erased by prison officials, and if so, when did they erase it; and (2) whether Piggie requested through authorized prison officials that the CAB view the surveillance tape, and if so, when did he do so. If the district court finds that Piggie made his request either before or at the CAB hearing and that the tape still existed at the time of his request, then, as the state concedes, relief should be granted.”
Vacated and remanded.
Appeal from the United States District Court for the Northern District of Indiana, Sharp, J., Per Curiam.