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WIGGETT v. OSP

03-86-175; CA A39956.

738 P.2d 580 (1987)

85 Or.App. 635

Eli WIGGETT, Petitioner, v. OREGON STATE PENITENTIARY, Corrections Division, Respondent.

Court of Appeals of Oregon, In Banc.

Resubmitted March 12, 1987.

Decided June 10, 1987.

Attorney(s) appearing for the Case

Steven H. Gorham, Salem, argued the cause and filed the brief for petitioner.

David L. Kramer, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Scott McAlister, Asst. Atty. Gen., Salem.

Resubmitted In Banc March 12, 1987.

ROSSMAN, Judge.

Petitioner seeks review of an order of the superintendent of the Oregon State Penitentiary, finding him to be in violation of prison rules for attempting to assault another inmate. He argues that the evidence does not support the superintendent's finding or, in the alternative, that the sentence was unjust in the light of the circumstances.

An unnamed informant advised Captain Barth, Institution Security...

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