BENADUM v. SCURR

No. 67021.

320 N.W.2d 578 (1982)

Kent R. BENADUM, Appellant, v. David SCURR, Appellee.

Supreme Court of Iowa.

June 16, 1982.


Attorney(s) appearing for the Case

C. J. Krogmeier of Deitchler, Thomas, Saunders, Krogmeier, Humphrey & Johnson, Fort Madison, for appellant.

Thomas J. Miller, Atty. Gen., and Bruce C. McDonald, Asst. Atty. Gen., for appellee.

Considered by REYNOLDSON, C. J., and HARRIS, ALLBEE, McGIVERIN, and SCHULTZ, JJ.


McGIVERIN, Justice.

Petitioner Kent R. Benadum, a penitentiary prisoner, appeals from trial court's denial of his petition for writ of habeas corpus. His appeal raises one issue: Under disciplinary rules of the Iowa State Penitentiary and due process, may the director of adult corrections on administrative appeal order a rehearing of disciplinary complaints against a prisoner where there was a constitutional violation in the initial hearing? We believe he can and...

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