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Sheika v. New Jersey Dep't of Corrections

July 30, 2007

TAYSIR SHEIKA, PETITIONER-APPELLANT,
v.
NEW JERSEY DEPARTMENT OF CORRECTIONS, RESPONDENT-RESPONDENT.



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

The opinion of the court was delivered by: Payne, J.A.D.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

APPROVED FOR PUBLICATION

Submitted March 13, 2007

Before Judges Kestin, Payne and Graves.

Petitioner, Taysir Sheika, a Muslim Palestinian national, but a naturalized U.S. citizen,*fn1 appeals from his nonconsensual out-of-State transfer to Connecticut to serve the remaining nineteen years of a thirty-year sentence for murder. On appeal, he raises the following issues.

POINT I

THE DECISION OF THE HEARING OFFICER VIOLATES APPELLANT'S RIGHT TO DUE PROCESS AND IN THE INTEREST OF JUSTICE SHOULD BE VACATED.

The Decision of the H.O. Should Be Vacated Because It Was Not Based Upon "Substantial Credible Evidence."

POINT II

APPELLANT WAS TRANSFERRED IN VIOLATION OF HIS FIRST AMENDMENT RIGHT.

We reverse.

I.

The following facts are of relevance to this matter. On January 5, 2006, the Commissioner of the Department of Corrections notified the Special Investigations Division (SID) that "several inmates housed at New Jersey State Prison (NJSP) had been developing an escape plan. The information indicated that inmate Saleh, Abdel #264942 was soliciting other inmates to participate in this plan. Inmate Sheika, Taysir #263137 was identified as the cell mate of Saleh." On the day the information was received by the SID, Sheika was locked out of his cell and placed in 6-Left general population emergency housing. On January 6, his property was packed up and taken by the SID. The property was searched, and determined to contain, among other things, twenty-four word processor disks. Although the disks contained no information relating to an ...


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