Charles Donelson v. Randy Pfister

HAMILTON, Circuit Judge.

In this appeal we address an unusual state court ruling denying a prisoner’s challenge to discipline that deprived him of liberty, he says, without having an opportunity to call supporting witnesses and to offer supporting evidence. The state appellate court denied relief without reaching the merits. The court’s reason, not mentioned at any earlier stage of the case, was that the prisoner had not followed the instruction on the paper form for requesting witnesses or evidence to tear off the top portion of the form. As we explain below, this novel ruling carried…