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HUMPHREY v. OREGON STATE PENITENTIARY, COR. DIV.

530 P.2d 877 (1975)

John HUMPHREY, Petitioner, v. OREGON STATE PENITENTIARY, Corrections Division, Respondent.

Court of Appeals of Oregon.

Decided January 20, 1975.

Attorney(s) appearing for the Case

Robert C. Cannon, Deputy Public Defender, Salem, argued the cause for petitioner. With him on the briefs was Gary D. Babcock, Public Defender, Salem.

Rhidian M.M. Morgan, 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 LANGTRY and THORNTON, JJ.

THORNTON, Judge.

This is an appeal from a disciplinary order of the Superintendent of the Oregon State Penitentiary (OSP).

Petitioner was found guilty by an OSP disciplinary committee of the following:

(1) Disrespect to staff;

(2) Major disruptive behavior; and

(3) Menacing.

The evidence and findings were as follows: That about 6:30 p.m. on August 5, 1974, petitioner approached Corrections Officer Hansen in the inmate dining...

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