People v. Superior Court (Hamilton)

Statement of the Case and Facts

Real party in interest and respondent, Eugene Hamilton, a state prisoner, was charged with “battery on a correctional peace officer.” Officer R. Ortiz prepared a rules violation report (CDC form 115) charging this offense after Hamilton repeatedly poked Officer Ortiz and then hit the officer on the chest. Correctional Lieutenant Hopkins, as the acting program administrator, reviewed the rules violation report as required by California Code of Regulations, title 15, section 3312, subdivision (e). Lieutenant Hopkins changed the charge to “physical assault on staff’ and classified the charge as a “Serious—Division ‘B’ ” rule violation.

Lieutenant Hopkins presided at Hamilton’s disciplinary hearing and found Hamilton guilty of the assault charge. She imposed a forfeiture of 150 days of Hamilton’s time credits, the maximum days credit loss specified for a serious division B rule violation. (Cal. Code Regs., tit. 15, § 3323, subd. (e).)

Hamilton filed a petition for writ of habeas corpus in the superior court challenging the disciplinary hearing on the ground that he was denied an impartial hearing officer. The trial court granted Hamilton’s…