629 So. 2d 704 | Ala. Crim. App. | 1993
We remanded this case to the trial court on March 26, 1993, with instructions to hold an evidentiary hearing on Johnny Hughley's petition for writ of habeas corpus and to determine what evidence had been considered by the hearing officer in Hughley's two *705
prison disciplinary proceedings — one charge of making threats and another charge of inciting to riot.
The findings of the trial court disclose that there was both hearsay evidence and direct evidence introduced at the two prison disciplinary proceedings. The investigating officer testified at each hearing about the results of his investigation. In addition, in support of the charge of making threats, an inmate testified that Hughley had directly threatened him with bodily harm, and in support of the charge of inciting inmates to riot, an inmate testified that Hughley had taunted him, had made highly inflammatory remarks concerning racial and religious differences in the prison, and had stated that all white men were devils and needed to be killed and that the prison was the place to begin.
Hughley contends that he was denied due process guaranteed byWolff v. McDonnell,
The judgment of the trial court dismissing the petition for writ of habeas corpus is due to be affirmed.
AFFIRMED.
All Judges concur.