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Wilkins v. New Jersey Dep't of Corrections

July 16, 2007

ELTON WILKINS, PETITIONER-APPELLANT,
v.
NEW JERSEY DEPARTMENT OF CORRECTIONS, RESPONDENT-RESPONDENT.



On appeal from a Final Determination of the New Jersey Department of Corrections.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted May 8, 2007

Before Judges Kestin and Payne.

Petitioner, Elton Wilkins, appeals from disciplinary sanctions imposed upon him for committing prohibited acts described in N.J.A.C. 10A:4-4.1(a) as *803/*306, attempting to commit conduct that disrupts the orderly running of the correctional facility. He was sanctioned with fifteen days of detention, 365 days of administrative segregation and 365 days' loss of commutation time.

On appeal, Wilkins raises the following arguments:

POINT ONE

BECAUSE THE DECISION OF THE HEARING OFFICER WAS NOT BASED UPON SUBSTANTIAL AND CREDIBLE EVIDENCE THAT APPELLANT ACTUALLY COMMITTED A PROHIBITED ACT OF CONDUCT WHICH DISRUPTS, THE DECISION OF THE HEARING OFFICER SHOULD BE VACATED.

POINT TWO

THE FAILURE TO PROVIDE THE APPELLANT WITH A POLYGRAPH EXAMINATION WHEN THE SOLE BASIS OF THE DISCIPLINARY CHARGE AGAINST HIM WAS PREDICATED ON THE UNCORROBORATED WORD OF A CONFIDENTIAL INFORMANT DEPRIVED APPELLANT OF HIS DUE PROCESS RIGHT TO DEFEND AGAINST THE CHARGE AND PRESENT EVIDENCE IN SUPPORT OF HIS DEFENSE.

We affirm.

The record discloses that, on May 30, 2006, a confidential informant approached Senior Corrections Officer Chance at the Southern State Correctional Facility and, according to the officer's report, informed her that:

[T]here was going to be a major problem between the Bloods and the Crips. He stated that a tall skinny black I/M out of 10-Unit (a Blood) went to the Latin Kings on 5-29-06 and asked for their assistance in a large scale assault on the Crips this morning on the compound at Compound B. This had come about due to an assault that took place in Unit 7 on 5-28 on I/M Williams #118 (a Blood). He was assaulted ...


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