Anyone have any post-Crawford experience introducing records of an inmate's behavior in TDCJ?

I know the disciplinary hearings permit an opportunity to cross-examine witnesses and the accusor. They also provide for counsel-substitute (a non-lawyer) to assist.

Any thoughts on whether those procedures provide "an adequate opportunity to cross-examine"?

In other words, do TDCJ disciplinary records satisfy Crawford?

Thanks for any input.

Sometimes the guilty inmate does not appear at the hearings -- it's his or her choice -- so, there wouldn't be much cross examination in those cases. And, when an inmate is shipped to another unit after a disciplinary violation such as killing his cellmate or stabbing a guard, the disciplinary hearing could be conducted by telephone. The charging officer could even make his case to the disciplinary hearing officer without the inmate present, and that inmate could be found guilty of the violation. The details are found in the disciplinary reports/documents, serving papers, hearing results, etc.

Ask Mike Bozarth-- he's in the postconviction litigation division of the AGs office. (512) 936-1400.

g