In re Mello CA5

INTRODUCTION

William Mello (respondent) is currently serving a sentence of life without the possibility of parole for murder. In 2019, a prison official found him guilty of possessing contraband based on the discovery of a sewing needle secreted inside of a pen on his bunk. As a sanction for the violation, the prison assessed a 30-day loss of credits and other inmate privileges. Respondent challenged the disciplinary finding in a petition for writ of habeas corpus, arguing he was authorized to possess the needle for religious purposes. The superior court granted the petition, ruling the prison failed to produce “some evidence” respondent was not authorized to possess the needle. The prison (appellant) appeals from the superior court’s ruling. We conclude the superior court’s ruling does not comport with the applicable standard of review for prison disciplinary proceedings, and that the prison’s guilty finding was supported by “some evidence.” We reverse.

BACKGROUND

In May 2019, during a random search of respondent’s cell, a correctional officer discovered two sewing needles “inside some writing pens on [respondent’s] assigned [b]unk.” Respondent admitted the needles belonged to…