640 So. 2d 39 | Ala. Crim. App. | 1993
Michael Shelton, an inmate in the state prison system, appeals the dismissal of his petition for writ of habeas corpus. In his petition, he claims that he was denied due process of law in two prison disciplinary proceedings and that there was insufficient evidence to find him guilty of the violations of prison regulations with which he was charged. He was charged with sexually assaulting another inmate and with failing to obey a direct order of a corrections officer. He was found guilty of the charges by a prison disciplinary board, after a hearing, and was sentenced to 65 days' segregation. After the state filed a motion to dismiss the habeas corpus petition, the trial court dismissed the petition without holding an evidentiary hearing. The appellant raises five issues on appeal.
We remand this case to the trial court with instructions, to conduct an evidentiary hearing in accordance with our instructions in parts III and IV above. Because the case is being remanded for further proceedings, we suggest that it would be helpful in reviewing the case for the state to be required to place in the record the missing portions of the report of the prison disciplinary proceedings. The trial court shall file a return of the action taken, pursuant to the above instructions, with specific factual findings within 45 days from the date of this opinion.
REMANDED WITH INSTRUCTIONS.
All Judges concur.