Davis

BACKGROUND

Michael Davis is a California state prisoner serving a nine- year sentence for second degree burglary. While in prison, he allegedly committed a battery against a prison staff employee.1 1 The prison employee recounted the alleged assault this way: Inmate Davis . . . assigned in the Culinary as a Cart Maintenance, reported to work at approximately 0630 hours. I noticed Inmate DAVIS v. SILVA 27 A prison disciplinary hearing was convened. Davis was found guilty of battery of a staff member and was assessed a 150-day forfeiture of good-time credit. Davis filed a pro se petition for a writ of habeas corpus in the California Supreme Court, challenging the constitutionality of the forfeiture.

For purposes of this appeal, the relevant sections of Davis’ form petition state:

Petitioner was denied his due process rights under Wolff v. McDonnell, [1974] 418 U.S. 539 Penal Code Section 2932 subdivision [A][3] and Title 15, Cal. Admin, Code Section 3315[E] to have witness.

On or about 1-23-02 notice was received that the above petitioner violation of section 4501.5 of the Penal Code was accepted by the District Attorney Office in Case No SF…