Frost v. McKune

Leben, J.:

Inmate Kenneth Frost appeals his prison disciplinary sanction for possession of tobacco. He contends he didn’t know that tobacco was in the sandwich being passed down by inmates from cell to cell; he says he thought that it was a sandwich and that he was just the unlucky one who was passing it along when a guard spotted the action. In this appeal, he claims that he was denied due process when he wasn’t allowed to call two witnesses and that the evidence wasn’t sufficient to convict him because no one showed he knew that tobacco was in the sandwich.

But the prison regulation at issue,…