OF JUDGMENT: 03/04/2016
ROBERT P. KREBS TRIAL JUDGE GREENE COUNTY CIRCUIT COURT
ATTORNEY FOR APPELLANT: ALLEN GOUL (PRO SE)
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
ANTHONY LOUIS SCHMIDT JR.
LEE, C.J., BARNES AND FAIR, JJ.
Allen Goul is an inmate in the custody of the Mississippi
Department of Corrections (MDOC). In this appeal, we must
determine whether the trial court properly affirmed the
MDOC's decision that Goul possessed contraband in
violation of prison rules. Finding no error, we affirm.
AND PROCEDURAL HISTORY
Goul was convicted of murder in 1993 and sentenced to life.
On March 26, 2015, Goul was found with "spice, " a
synthetic cannabinoid, in Area II at South Mississippi
Correctional Institution (SMCI). According to the
rule-violation report (RVR), Goul admitted to possessing the
contraband in violation of the rules. Goul signed the RVR and
indicated that he did not waive the right to a hearing but
marked that he did not want to call witnesses. After a
hearing, the hearing officer determined that Goul had
violated the MDOC's rules against possessing contraband.
Goul appealed through the Administrative Remedy Program
(ARP). The MDOC issued a first-step-response form on April
26, 2015, denying Goul's appeal. On June 11, 2015, Goul
filed a petition for judicial review in the Greene County
Circuit Court. The trial court affirmed the MDOC's
Goul now appeals, asserting several issues that we have
condensed as follows: (1) his right to confront witnesses was
violated and (2) the evidence was insufficient.
"We will not disturb the decision of an administrative
agency, such as the MDOC, unless the decision is
'unsupported by substantial evidence, arbitrary or
capricious, beyond the agency's scope or powers, or
violative of the constitutional or statutory rights of the
aggrieved party.'" Taylor v. Petrie, 41
So.3d 724, 727 (¶8) (Miss. ...