ORDERS:
ORDER OF DISMISSAL
Grievance No. Lee 072-04
This
matter is before the Administrative Law Court pursuant to the Notice of Appeal
filed on December 17, 2004 by Detrick Stenhouse (Appellant), an inmate
incarcerated with the South Carolina Department of Corrections (Department).
On February 28, 2005, the Department filed a Motion for Remand. In its Motion
for Remand the Department asserted that upon review of Appellant’s appeal, it
determined that the Disciplinary Hearing Officer failed to obtain a memorandum
from a mental health official that Appellant was mentally competent and
accountable for his action. Accordingly, the Department requests that the case
be remanded to it so that it may overturn Appellant’s conviction with an
opportunity to rehear the charge.
After
careful review and consideration of the file and motion and based up on the
desire of the Department to vacate Appellant’s conviction,
IT
IS HEREBY ORDERED that Appellant’s conviction for Striking an Employee in
violation of SCDC Disciplinary Policy 807 is overturned and vacated, and the
Department is ORDERED to restore Appellant’s three (3) days of lost good
time along with any other restrictions imposed as a result of the disciplinary
conviction; and
IT
IS FURTHER ORDERED that this appeal is dismissed with prejudice.
AND
IT IS SO ORDERED.
__________________________________
Marvin F. Kittrell
Chief
Administrative Law Judge
October 22, 2007
Columbia, South Carolina
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