(DOWNLOAD) "Keith Custer v. Marquette Prison Warden" by Court of Appeals of Michigan * eBook PDF Kindle ePub Free

March 24, 2021

eBook details

Title: Keith Custer v. Marquette Prison Warden
Author : Court of Appeals of Michigan
Release Date : January 22, 1983
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 60 KB

Description

Plaintiff, an inmate at the Marquette Branch Prison, appeals as of right from a circuit court order dismissing his petition for judicial review of a Department of Corrections hearing officer's finding that plaintiff was guilty of rioting. Plaintiff contends that the evidence presented at the hearing was insufficient to find him guilty of rioting. The statute which governs Department of Corrections misconduct hearings provides that the decision of the hearing officer must be based on a preponderence of the evidence. MCL 791.252 (k); MSA 28.2320(52)(k). MCL 791.255; MSA 28.2320(55) provides for judicial review of the hearing officer's decisions, to be conducted in accordance with the Administrative Procedures Act. Agency decisions are to be set aside if substantial rights of the petitioner have been prejudiced because, inter alia, the decision is not supported by competent, material and substantial evidence on the whole record. MCL 24.306(1)(d); MSA 3.560(206)(1)(d).