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WATSON v. OSP

05-87-217; CA A44738.

750 P.2d 1188 (1988)

90 Or.App. 85

William WATSON, Petitioner, v. OREGON STATE PENITENTIARY, Corrections Division, Respondent.

Court of Appeals of Oregon.

Decided March 9, 1988.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for petitioner.

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

Before WARDEN, P.J., and JOSEPH, C.J., and VAN HOOMISSEN, J.

WARDEN, Presiding Judge.

Petitioner seeks review of a final order of the Superintendent of the Oregon State Penitentiary which placed him in segregation for 13 days and fined him $100 under OAR 291-105-051 for violating Rule 5, which prohibits the unauthorized possession of property, in this case a mop handle.1 He contends that the fine is void, because the rule which amended OAR 291-105-051...

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