Smith v. Oregon State Penitentiary

Full title: JOHN LEE SMITH, Petitioner, v. OREGON STATE PENITENTIARY, Respondent

Court: Oregon Court of Appeals

Date published: Sep 23, 1974

526 P.2d 644 (Or. Ct. App. 1974)

18 Or. App. 673

Opinion

No. 3255, 02-74-048

Argued August 21, 1974

Affirmed September 23, 1974

Judicial Review of disciplinary order of the Superintendent of Oregon State Penitentiary.

John K. Hoover, Deputy Public Defender, Salem, argued the cause for petitioner. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Scott McAlister, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Attorney General, and W. Michael Gillette, Solicitor General, Salem.

Before SCHWAB, Chief Judge, and FORT and TANZER, Judges.

AFFIRMED.

PER CURIAM.

The issues raised in this prison discipline case have all been resolved in Wolff v. McDonnell, 418 U.S. 539, 94 S Ct 2963, 41 L Ed 2d 935 (1974), Bonney v. OSP, 16 Or. App. 509, 519 P.2d 383, Sup Ct review allowed (1974), and Dragoo v. OSP, ___ Or App ___, 526 P.2d 637 (1974).

Affirmed.