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MARSH v. OREGON STATE PENITENTIARY, COR. DIV.

535 P.2d 596 (1975)

Michael MARSH, Petitioner, v. OREGON STATE PENITENTIARY, Corrections Division, Respondent.

Court of Appeals of Oregon.

Decided May 12, 1975.

Rehearing Denied June 18, 1975.

Review Denied July 15, 1975.

Attorney(s) appearing for the Case

J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for petitioner. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and FOLEY and FORT, JJ.

FORT, Judge.

In this disciplinary review appeal (ORS 421.195), petitioner was found by the Disciplinary Committee to have violated Rule 2, Major Disruptive Behavior, in that he flooded his cell. Petitioner contends there was no evidence to support the finding of the Disciplinary Committee. We disagree.

There was evidence from Lieutenant Ridling, the officer who signed the Report of Violation of Institutional Rules, upon the basis of which petitioner was tried...

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