In re Fratus

INTRODUCTION

Petitioner John Fratus was found guilty following a disciplinary hearing for battery of a correctional officer in 2006. He filed a petition for writ of habeas corpus in this court in 2008, alleging he did not have a fair hearing because he had not been allowed to call a friendly witness and had not been permitted to cross-examine the prison officers who testified against him at the disciplinary hearing. This court issued an order directing the Department of Corrections and Rehabilitation (the Department) to “show cause before the Kings County Superior Court. . . why petitioner is not entitled to appropriate relief.” In February 2009, the superior court denied the petition for writ of habeas corpus. Although the superior court found that the Department had violated its own regulation, which permitted an inmate at a disciplinary hearing to “ask questions of all witnesses called” (Cal. Code Regs., tit. 15, § 3315, subd. (e)(5)), it found the error harmless.

Fratus then filed the current petition for writ of habeas corpus in this court in August 2009. Again, he contends he was denied his right to call a friendly witness and to cross-examine witnesses at his…