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CDCR Disciplinary Finding Vacated

In re Marti, Court: California Courts of Appeal, Docket: C093153 (Third Appellate District), Opinion Date: September 29, 2021. Prison inmate Alex Marti petitioned for habeas relief from the warden of Mule Creek State Prison’s decision adjudicating him guilty of a prison disciplinary violation for possession of excess property on May 5, 2019. This was adjudged to be an administrative violation rather than a serious rules violation. Among other claims, petitioner claimed his rights under prison regulations were violated because the officer who adjudicated the violation had prior knowledge and involvement in a related matter that was considered as evidence at petitioner’s disciplinary hearing. The Warden argued this case was moot because petitioner suffered the punitive consequences of the decision, and any future impact on him was speculative. The Court of Appeal concluded the matter was not moot as this court could afford petitioner meaningful relief. If the Court did not intervene, the violation would remain in petitioner’s file and could be considered by prison officials in making decisions relating to petitioner. The Court further found petitioner’s argument was well taken that the hearing officer should have been recused from acting in that capacity. Petitioner was entitled to have the officer’s disciplinary finding vacated.

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