Mrs. Sorry Mother McStabby has entered your office and wants your help. Sorry Mother proceeds to tell you that her son Robby McStabby was wrongfully convicted of a crime but has exhausted all his appeals. She tells you that he was due to be released soon; however the prison system took away three years of good time for a disciplinary infraction.

The good time would have got Robby out of jail three years earlier if only they had not taken it away. She tells you Robby had been sexually assaulted by fellow inmate, A.S. Pirate, and that nothing happened to Inmate Pirate at his hearing for the sexual assault. One day after this hearing, Inmate Pirate went to the infirmary because he had been stabbed. Sorry Mom tells you that although no one saw her son stab Pirate, he was disciplined based only on the fact that he had a knife in his cell and Inmate Pirate was his cell mate and they were locked in their cell all day together. However Inmate Pirate told the disciplinary board that McStabby had not stabbed him. Also Sorry Mother tells you the knife was found in the cell; however they searched his cell without a warrant. She asks for your help getting his good time restored.

Questions:

What type of case would you file for McStabby and why?

Did the disciplinary board have enough evidence to find McStabby guilty and Why?

Was the knife admissible as evidence in McStabby's hearing and why?