2014 COA 69
Colo. Ct. App.2014Background
- Dawson, an inmate, assisted another inmate with a legal matter in September 2012.
- Dawson carried the other inmate's legal papers but was not accompanied by that inmate.
- Prison officials charged him with unauthorized possession, a Class II violation.
- The hearing officer found the papers contraband because they were possessed outside the owner's presence.
- The conviction was upheld on administrative review and challenged in district court under C.R.C.P. 106(a)(4); the district court affirmed.
- The court of appeals affirms the district court's decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Dawson's possession violate the Code of Penal Discipline by possessing another inmate's legal papers outside presence? | Dawson contends no violation. | DOC argues the evidence supports a contraband possession violation. | Yes, upheld |
| Does the Tebbetts reading-material exception or broader reading-material exception authorize Dawson's possession? | Dawson relies on Tebbetts to permit possession. | Court should follow specific rule restricting possession. | No, Dawson's possession was unauthorized |
Key Cases Cited
- Alward v. Golder, 148 P.3d 424 (Colo. App. 2006) (review for abuse of discretion when interpreting governing law; de novo review otherwise)
- Thomas v. Colo. Dep't of Corr., 117 P.3d 7 (Colo. App. 2004) (de novo review of DOC disciplinary decisions; scope of review limited to jurisdiction/abuse of discretion)
- Washington v. Crowder, 12 P.3d 857 (Colo. App. 2000) (sustain prison disciplinary conviction for unauthorized possession based on contraband)
- Tebbetts v. Whitson, 956 P.2d 689 (Colo. App. 1997) (discussed limitations on possession of another inmate's legal papers; not controlling here)
- Phillips v. Exec. Dir., Colo. Dep't of Corr., 251 P.3d 1176 (Colo. 2010) (disallowed as authority where regulation changed; not controlling)
- Woolsey v. Colo. Dep't of Corr., 66 P.3d 151 (Colo. App. 2002) (specific regulation controls over general provision)
- Kodama v. Johnson, 786 P.2d 417 (Colo. 1990) (evidence-standard standard for upholding disciplinary decisions)