Cootz v. State

JOHNSON, Justice.

This is a prisoner’s rights case. In reaching our decision we must first determine whether the scope of the due process clause of our state constitution is the same as that of the due process clause of the federal constitution. We hold that our due process clause does not necessarily have the same scope as that of the federal constitution. In this case we conclude that the burden of proof established by the United States Supreme Court in prison discipline cases is the standard we establish under our due process clause. However, we hold that there were inadequate written…