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DOWNER v. OREGON STATE PENITENTIARY

No. 10-79-297; CA 16121.

609 P.2d 916 (1980)

45 Or.App. 1013

Jack DOWNER, Petitioner, v. OREGON STATE PENITENTIARY, Corrections Division, Respondent.

Court of Appeals of Oregon.

Decided April 21, 1980.

Attorney(s) appearing for the Case

David E. Groom, Deputy Public Defender, Salem, argued the cause for petitioner. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Scott McAlister, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before SCHWAB, C.J., and JOSEPH, WARDEN and WARREN, JJ.

JOSEPH, Presiding Judge.

This matter is before us on judicial review of the final order of the Superintendent in a disciplinary proceeding. Petitioner was charged with possession of a knife. He had a hearing before the decision in Bartholomew v. Reed, 477 F.Supp. 223 (D.C.Or. 1979), and a second hearing as a result of that decision. The disciplinary committee found petitioner guilty.

The charge was based on the...

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