Jolley v. Commissioner of Correction
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****************************************************** The officially released date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the officially released date appearing in the opinion. In no event will any such motions be accepted before the officially released date. All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest print version is to be considered authoritative. The syllabus and procedural history accompanying the opinion as it appears on the Commission on Official Legal Publications Electronic Bulletin Board Service and in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ****************************************************** CARLTON JOLLEY v. COMMISSIONER OF CORRECTION (AC 19955) Lavery, C. J., and Foti and Dupont, Js. Submitted on briefs September 15 officially released October 31, 2000 Counsel Carlton Jolley, pro se, the appellant (petitioner), filed a brief. Richard Blumenthal, attorney general, and Richard T. Biggar, assistant attorney general, filed a brief for the appellee (respondent). Opinion PER CURIAM. The petitioner, Carlton Jolley, appeals from the judgment rendered by the habeas court denying his petition seeking reinstatement of statutory good time credit.1 We affirm the judgment of the habeas court. A prison inmate can be deprived of his statutory good time credit only if he is offered procedural due process protection. See Superintendent v. Hill, 472 U.S. 445, 453, 105 S. Ct. 2768, 86 L. Ed. 2d 356 (1985); Wolff v. McDonnell, 418 U.S. 539, 558, 94 S. Ct. 2963, 41 L. Ed. 2d 935 (1974). Thus, when a prison inmate is threatened with a loss of statutory good time credits, the inmate must receive (1) advanced written notice of the disciplinary charges, (2) an opportunity, when consistent with institutional safety and correctional goals, to call witnesses and to present documentary evidence in his defense and (3) a written statement by the fact finder of the evidence relied on and the reasons for the disciplinary action. See Wolff v. McDonnell, supra, 563 67. Due process is satisfied if the prison disciplinary board shows some evidence that supports the revocation of good time credit. See Superintendent v. Hill, supra, 472 U.S. 455. Ascertaining whether this standard is satisfied does not require examination of the entire record, independent assessment of the credibility of witnesses, or weighing of the evidence. Instead, the relevant question is whether there is any evidence in the record that could support the conclusion reached by the disciplinary board. Id., 455 56. In this case, the disciplinary reports submitted against the petitioner accorded him the requisite procedural safeguards to satisfy his due process rights. Our review of the entire record leads us to conclude that the court properly reviewed the prison disciplinary board s decision that resulted in the petitioner s loss of 769 total days of statutory good time credit. The judgment is affirmed. 1 See General Statutes ยง 18-7a.
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