ORDERS:
ORDER OF REVERSAL
Grievance No. TCI-148-05
This
matter is before the South Carolina Administrative Law Court (ALC or Court)
pursuant to the Notice of Appeal filed May 4, 2005 by Appellant above named,
who is incarcerated with the South Carolina Department of Corrections (SCDC).
Appellant
appeals his conviction of Sexual Misconduct. The substance of his appeal is
that his conviction was clearly erroneous in light of the reliable, probative
and substantial evidence on the whole record, or the lack thereof. I agree and
reverse.
The
record and evidence therein is inadequate in the following respects:
(a)
Numerous portions not transcribed because “inaudible”.
(b)
Uncertainty of accuser as to identification without prompting by the DHO (see
transcript, first half of page #6.
For
the foregoing reasons, it is ORDERED that the conviction of Appellant
for Sexual Misconduct is hereby REVERSED. It is further ORDERED that Appellant’s 40 days good time credits and all privileges taken in
connection with this matter be restored immediately.
AND IT IS SO
ORDERED.
______________________________
John D. McLeod
Administrative
Law Judge
February 3, 2006
Columbia, South Carolina |
