Dubois v. Bezio

Summary

The court confirmed a prison disciplinary determination finding the petitioner guilty of possessing heroin and contraband after the substances were discovered in bags of rice under his bed. It held that the misbehavior report and supporting evidence constituted substantial evidence and rejected the petitioner’s challenge to the Hearing Officer’s participation, along with his remaining claims.

Holdings

1. The misbehavior report, the testimony of its authoring correction officer, and documentary evidence constituted substantial evidence supporting petitioner's guilt of possessing a narcotic drug and contraband.
2. The hearing officer was not shown to be disqualified merely because he knew about the cell search; disqualification requires evidence that he witnessed the incident or investigated it.
3. The remaining contentions did not warrant relief because they were either unpreserved for appellate review or lacked merit.

Questions Presented

1. Whether substantial evidence supported the determination that petitioner possessed a narcotic drug and contraband.
2. Whether the assigned hearing officer was disqualified from presiding because he knew about the cell search.
3. Whether petitioner's remaining contentions warranted relief despite lack of preservation or lack of merit.

Disposition

dismissed