Jailhouse Lawyers

COURT CLARIFIES TEXAS PRISONERS' DISCIPLINARY APPEAL RIGHTS

Prison Legal News [Coalition for Prisoners' Rights Newsletter, Santa Fe NM ~ November 2002] Rosharon TX - October 2, 2002

A federal district court in Austin TX held that:

1) Pending administrative remedies toll the 28 U.S.C.(d)(2) one year period;

2) A prisoner's transfer to another prison is not a valid reason to be denied as a witness;

3) Theft is not a lesser included offense of trafficking and trading;

4) Disciplinary charges can't be changed during the hearing unless to a less-included charge; 5) A prisoner may be awarded costs after a successful habeas action. See Hazel v. Johnson, A97-771-SS (U.S.D.C. W.D.Tex. Austin 1999). The case in a textbook case for those novice at attacking false and retaliatory disciplinary cases against "Jailhouse Lawyers".

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