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Allen v. Oregon State Penitentiary

Oregon Court of Appeals
Aug 1, 1978
581 P.2d 964 (Or. Ct. App. 1978)

Opinion

No. 03-78-103, CA 10706

Submitted on record and petitioner's brief July 10, 1978.

Reversed in part and remanded for reconsideration of sanction imposed August 1, 1978.

Judicial Review from Corrections Division.

Gary D. Babcock, Public Defender, and Stephanie A. Smythe, Deputy Public Defender, Salem, filed the brief for petitioner.

James A. Redden, Attorney General, and Scott McAlister, Assistant Attorney General, Salem, appeared for respondent.

Before Schwab, Chief Judge, and Johnson, Gillette and Roberts, Judges.


PER CURIAM.

Reversed in part, and remanded for reconsideration of the sanction imposed.


In this disciplinary proceeding petitioner was found to have been guilty of disruptive behavior and disobedience of an order and sanction was imposed. On appeal the respondent concedes that there was insufficient evidence to support a finding that petitioner was guilty of disruptive behavior.

Reversed in part, and remanded for reconsideration of the sanction imposed.


Summaries of

Allen v. Oregon State Penitentiary

Oregon Court of Appeals
Aug 1, 1978
581 P.2d 964 (Or. Ct. App. 1978)
Case details for

Allen v. Oregon State Penitentiary

Case Details

Full title:ROGER ALLEN, Petitioner, v. OREGON STATE PENITENTIARY, Respondent

Court:Oregon Court of Appeals

Date published: Aug 1, 1978

Citations

581 P.2d 964 (Or. Ct. App. 1978)
581 P.2d 964