KELLY v. NIX

No. 68503.

329 N.W.2d 287 (1983)

Warner S. KELLY, Appellee, v. Crispus NIX, Warden, Iowa State Penitentiary, Appellant.

Supreme Court of Iowa.

January 19, 1983.


Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen. and Jonathan Golden and Bruce C. McDonald, Asst. Attys. Gen., for appellant.

C.J. Krogmeier, West Point, for appellee.

Considered by HARRIS, P.J., and McGIVERIN, LARSON, SCHULTZ, and CARTER, JJ.


SCHULTZ, Justice.

This appeal arises from a district court decision upholding an inmate's challenge of his prison disciplinary proceedings. For the reasons discussed herein, we reverse and remand.

On November 20, 1981, Warner S. Kelly, who was then serving a ninety year sentence for second degree murder, received a disciplinary notice advising him that he was charged with violating the prison rule against assault. He was informed that he was accused of assaulting...

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