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HRBEK v. STATE

No. 90-1794.

478 N.W.2d 617 (1991)

John Lee HRBEK, Appellant, v. STATE of Iowa, Appellee.

Supreme Court of Iowa.

December 24, 1991.

Attorney(s) appearing for the Case

Linda Del Gallo, State Appellate Defender, and B. John Burns, Asst. State Appellate Defender, for appellant.

Bonnie J. Campbell, Atty. Gen., Gordon E. Allen, Deputy Atty. Gen., and William A. Hill, Asst. Atty. Gen., for appellee.

Considered by McGIVERIN, C.J., and HARRIS, CARTER, NEUMAN, and ANDREASEN, JJ.

NEUMAN, Justice.

The sole question posed by this appeal is whether expungement of a prisoner's record, rather than rehearing, is the proper remedy for substantial due process violations that infect a prison disciplinary action. Under the institution's own rules, it appears that expungement is required. We therefore reverse the district court's order for rehearing and remand for an order of expungement.

Petitioner...

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