U.S. appeals court due process evidence informant.
Position | Discipline - Brief Article |
Broussard v. Johnson, 253 F.3d 874 (5th Cir. 2001). A state prisoner applied for a writ of habeas corpus challenging a prison disciplinary conviction on due process grounds. The district court granted the petition conditionally, and the appeals court affirmed. The appeals court held that the prison disciplinary board violated the prisoner's right to due process by considering a confidential informant's tip as probative evidence, where the officer who testified concerning the tip had no knowledge of the confidential informant's identity or any facts supporting his reliability. The appeals court also found...
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