Garcia v. LeFevre

Levine, J. (dissenting).

In our view, the determination must be annulled because the record fails to contain adequate justification for denying petitioner his constitutional right to call witnesses in his own behalf and for *1006the inadequacy of the proof sustaining the charges. Regarding the first of these grounds, Wolff v McDonnell (418 US 539, 566) explicitly includes as a due process requirement the right of a prison inmate who is facing disciplinary sanctions to call witnesses in his own defense at the hearing, unless to do so would be “unduly hazardous to institutional safety or correctional…