Lopez v. LeMaster

2003 NMSC 003, 61 P.3d 185, 133 N.M. 59
CourtNew Mexico Supreme Court
DecidedDecember 19, 2002
Docket27,012
StatusPublished
Cited by26 cases

This text of 2003 NMSC 003 (Lopez v. LeMaster) is published on Counsel Stack Legal Research, covering New Mexico Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lopez v. LeMaster, 2003 NMSC 003, 61 P.3d 185, 133 N.M. 59 (N.M. 2002).

Opinion

OPINION

MINZNER, Justice.

{1} The State appeals directly to this Court from an order of the district court granting Petitioner’s writ of habeas corpus challenging the loss of good-time credits following a disciplinary hearing. See Rule 5-802(H)(1) NMRA 2002 (allowing for an appeal as of right by the State when a writ of habeas corpus is granted); Rule 12-102(A)(3) NMRA 2002 (providing that such appeals shall be taken to this Court). The district court found that Petitioner’s due process rights had been violated by the manner in which the Department of Corrections (“the Department”) conducted the disciplinary hearing. To remedy the violation, the district court ordered the Department to restore Petitioner’s good-time credits and to strike the record of the disciplinary hearing from his file. The court refused to permit the Department to pursue the same issues in another disciplinary hearing. On appeal, the State concedes that Petitioner’s due process rights were violated and does not appeal from that portion of the district court’s ruling. Rather, the State appeals from the remedy ordered by the district court, arguing that the only proper remedy was for the district court to remand the case to the Department for a new hearing. This appeal provides an opportunity to address issues of first impression arising from the expansion of the availability of the writ since our statutory scheme was adopted. We affirm.

I.

{2} On February 14,1999, Corrections Officer Clarence Sena observed Petitioner and fellow inmate Edward Ibuado struggling with a broom through the food port of Ibuado’s cell. He also observed Petitioner attempt to throw a portion of the broken broom at Ibuado through the food port. After Petitioner lost control of the broom, he moved away from the cell, and Ibuado threw the broom out of the cell. Officer Sena prepared a misconduct report based on this incident, charging Petitioner with assault or battery with a weapon on another person unless in justifiable defense, and physical fighting with another inmate unless in justifiable defense. Officer Sena took the statements of two other correctional officers who witnessed the event, Officer John Nawara and Sgt. Joey Montoya, and attached those statements to his misconduct report.

{3} Another corrections officer, Sgt. Charles Carlson, conducted a disciplinary investigation. According to his report, he interviewed Petitioner, who gave no statement but listed Gilbert Saavedra as his witness. Sgt. Carlson interviewed Saavedra, who told him that the guards panicked and that nothing had happened. Sgt. Carlson also interviewed Ibuado, who denied the charges. Based on these interviews and his review of the officers’ statements submitted to him, Sgt. Carlson recommended that the fighting charge be elevated to a major level offense.

{4} The Department held a disciplinary hearing on February 22, 1999, at which time Petitioner was represented by inmate Samuel Chavez. Petitioner tried to call two inmate witnesses — Saavedra and Ibuado. The hearing officer declined to allow the inmates to testify because he thought that their testimony would be duplicative and cumulative. Based on the written report, the hearing officer concluded that Petitioner was guilty of the major offense of assault or battery, but dismissed the fighting charge. The Warden approved the decision, which was upheld on an internal administrative appeal. The hearing officer recommended 30 days of disciplinary segregation and forfeiture of all of Petitioner’s good-time credits. The classification committee, however, forfeited 1 year, 11 months, and 7 days of his good-time credits, leaving him with 30 days of credits on his record.

{5} Petitioner filed a petition for a writ of habeas corpus in the district court on May 6, 1999, alleging, among other things, that he was denied the opportunity to call witnesses in violation of prison policy and his right to due process. The district court appointed the public defender’s office to represent Petitioner, and on October 26, 1999, filed an order directing the State to respond to the petition. An evidentiary hearing was scheduled for January 9, 2001.

{6} Petitioner filed his witness list on December 12, 2000. The State, on December 20, 2000, filed a motion in limine to exclude the witnesses. In that motion, and at the subsequent telephonic hearing, the State argued that the fact that Petitioner listed inmate witnesses indicated that he was “attempting to encourage the court to conduct a judicial review of the facts adduced against him during the revocation process.” The State argued that the hearing should be limited to determining whether the Department complied with the limited due process rights available to an inmate. The district court agreed that it should not relitigate the facts, but disagreed that the witnesses should be excluded:

I think I do need to hear what those people would have testified, not for the purpose of substituting my opinion for that of the hearing officer, but to determine whether or not the hearing officer was correct in ruling that these witnesses were not required to appear because their testimony was cumulative. If I find that their testimony was not cumulative, then the officer’s decision to not allow the witnesses could be found to be arbitrary and in violation of policy, so I don’t ... think that I am required to just take the officer’s opinion that it was cumulative and not listen to what they actually would have said.

On that basis, the district court denied the motion.

{7} The evidentiary hearing was held on January 9, 2001. After hearing the testimony of the two inmate witnesses, as well as the investigating officer, the hearing officer, and Petitioner, the district court concluded that the hearing officer had violated Petitioner’s due process rights and prison policy by not allowing him to call his witnesses:

I have a real problem with the hearing officer not allowing the two witnesses to testify. I think that that is a violation of the policies which require that the Department provide a fair disciplinary proceeding based on due process, and the reason I have these serious concerns is that the hearing officer made some conclusions that I think are not supported by what at least is in front of me at this point. We’ve got no live witnesses testifying at this hearing. That concerns me right off the top because I think a lot of the questions that the hearing officer might have had could have been at least clarified by at least having the three guards testify. The three guards’ statements are all different and I have some concerns about that.

{8} The district court indicated that it was inclined to reverse the finding of a major incident, order that the good-time credits be restored, and further order that the major report be stricken from Petitioner’s record. The court then gave the parties an opportunity to respond. The State wanted the court to clarify whether it was finding that there was no evidence to support the charge. The court responded:

No____If [the investigative report] was all the evidence that was there, that would have been substantial, sufficient to support a finding.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Aragon v. Martinez
New Mexico Supreme Court, 2025
State v. Houidobre
New Mexico Supreme Court, 2024
Franklin v. Stephenson
D. New Mexico, 2024
State v. Cooley
538 P.3d 491 (New Mexico Court of Appeals, 2023)
State v. Romero
528 P.3d 640 (New Mexico Supreme Court, 2023)
Franklin v. Lucero
D. New Mexico, 2022
Gardner v. N.M. Bd. of Dental Health Care
New Mexico Court of Appeals, 2022
State v. Worley
2020 NMSC 021 (New Mexico Supreme Court, 2020)
State v. Rodriguez
New Mexico Court of Appeals, 2019
State v. Garner
New Mexico Court of Appeals, 2017
State v. Brigham
New Mexico Court of Appeals, 2017
State v. Head
New Mexico Court of Appeals, 2016
Tunis v. Country Club Estates Homeowners Ass'n
2014 NMCA 025 (New Mexico Court of Appeals, 2014)
Tunis v. Country Club Estates Homeowners Ass'n, Inc.
2014 NMCA 25 (New Mexico Court of Appeals, 2013)
Perry v. Moya
2012 NMSC 40 (New Mexico Supreme Court, 2012)
State v. Soto
New Mexico Court of Appeals, 2010
State v. Stanfil
New Mexico Court of Appeals, 2010
State v. Wyman
2008 NMCA 113 (New Mexico Court of Appeals, 2008)
Cummings v. State
2007 NMSC 048 (New Mexico Supreme Court, 2007)
State v. Dylan A.
2007 NMCA 114 (New Mexico Court of Appeals, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
2003 NMSC 003, 61 P.3d 185, 133 N.M. 59, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lopez-v-lemaster-nm-2002.