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Johnson v. Roy

Court of Appeals of Minnesota

July 8, 2013

Marvin Orlando Johnson, petitioner, Appellant,
v.
Tom Roy, Commissioner of Corrections, Respondent.

UNPUBLISHED OPINION

Washington County District Court File No. 82-CV-11-7142

Marvin Orlando Johnson, Stillwater, Minnesota (pro se appellant)

Lori Swanson, Attorney General, Kelly S. Kemp, Assistant Attorney General, St. Paul, Minnesota (for respondent)

Considered and decided by Cleary, Presiding Judge; Johnson, Chief Judge; and Hooten, Judge.

JOHNSON, Chief Judge

Marvin Orlando Johnson is a prisoner in the custody of the commissioner of corrections. In prison disciplinary proceedings, a hearing officer determined that Johnson violated prison regulations by attempting to smuggle drugs into the prison. The hearing officer disciplined Johnson by placing him in disciplinary segregation and extending his supervised release date. Johnson filed a petition for a writ of habeas corpus in which he alleged that the prison disciplinary proceedings violated his right to due process of law. The district court denied the petition. We affirm.

FACTS

In June 2005, Johnson pleaded guilty in Hennepin County to two counts of first-degree aggravated robbery. He was sentenced to 128 months of imprisonment. See Johnson v. State, 733 N.W.2d 834 (Minn.App. 2007), review denied (Minn. Sept. 18, 2007).

In June 2011, while incarcerated at the Minnesota Correctional Facility in Stillwater, Johnson received a notice of violation alleging that he had attempted to smuggle drugs into the prison. A hearing officer held a disciplinary hearing and subsequently issued a written report of the hearing. The hearing officer's report indicates that Johnson was informed of his due process rights. The report states that Johnson "initially requested a continuance to provide a defense but subsequently withdrew the request." The report also describes the evidence that was received at the hearing. Specifically, an investigator from the Office of Special Investigations testified that an anonymous tip was received that Johnson was in possession of marijuana and cocaine, that investigators listened to telephone conversations between Johnson and his girlfriend in which he arranged for her to smuggle drugs into prison, that investigators recognized Johnson's voice on the telephone calls even though he used other offenders' PIN codes to place the calls, and that Johnson's girlfriend and another person were found to be in possession of cocaine while visiting the prison. Johnson denied the allegations and introduced the testimony of his cellmate, who claimed responsibility for imitating Johnson on the telephone and attempting to smuggle drugs into the prison.

The hearing officer found that the investigator was credible and that Johnson and his cellmate were not credible. The hearing officer found that Johnson had committed four violations of prison regulations: two violations for attempted conspiracy to smuggle drugs, one violation for attempted possession of drugs, and one violation for disorderly conduct. The hearing officer imposed a penalty of 140 days of extended incarceration and 420 days of disciplinary segregation. Johnson filed an administrative appeal of the hearing officer's decision, which the warden denied.

Johnson asserts that, before the disciplinary hearing, his supervised release date was set for October 24, 2011. He further asserts that the imposition of 140 days of extended incarceration postponed his supervised release date to approximately March 9, 2012. The imposition of 420 days of disciplinary segregation, however, postponed Johnson's supervised release further, by another 154 days, to August 13, 2012. Prison officials established August 13, 2012, as the new supervised release date pursuant to a statute that prohibits the department of corrections from placing an inmate on supervised release until the inmate has completed a term of punitive segregation that was imposed for a violation of a prison disciplinary rule. See Minn. Stat. § 244.05, subd. 1b(b) (2010).

In December 2011, Johnson petitioned the district court in Washington County for a writ of habeas corpus. He alleged that the prison discipline process, including the extension of his supervised release date by an additional 154 days of incarceration pursuant to section 244.05, subdivision 1b(b), violated his ...


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