Ralston v. Oregon State Correctional Institution

I agree with the majority that petitioner’s claim of insufficient evidence to sustain a finding that he attempted to possess unauthorized vitamins has no merit. Therefore, I concur in that much of the opinion. However, I disagree with the affirmance of the order imposing disciplinary sanctions for attempting to possess marijuana.

Petitioner’s assignment of error is that the evidence was insufficient to sustain a finding that he violated the applicable rule. His brief sets forth all the relative evidence verbatim, and the state agrees with him about what the record shows. The provisions of the…