In Re Dikes

After a prison disciplinary hearing, Jayson Wayne Dikes was found to have possessed a controlled substance in violation of prison regulations, based on a positive urinalysis test. He petitioned the superior court for a writ of habeas corpus, challenging the chug test as insufficient evidence to sustain a finding of possession. The court agreed and granted the petition, directing that the disciplinary finding be set aside and ordering the restoration of good time credits. The warden appeals, contending that the drug test satisfied the “some evidence” standard of proof required for prison disciplinary actions. We reverse and' remand for further proceedings consistent with this opinion.

I. BACKGROUND AND PROCEDURAL HISTORY

Dikes was convicted November 14, 2001, for violations of Health and Safety Code section 11379.6, subdivision (a) and Penal Code section 4573, both drug-related offenses, and sentenced to serve eight years in state prison. On April 28, 2002, while incarcerated at California State Prison, Solano, Dikes provided a urine sample to prison authorities as part of the prison substance abuse program’s random drug testing policy. The sample tested positive for a…