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CHOCHREK v. OREGON ST. PENITENTIARY, COR. DIV

534 P.2d 1175 (1975)

Stephen C. CHOCHREK, Petitioner, v. OREGON STATE PENITENTIARY, Corrections Division, Respondent.

Court of Appeals of Oregon.

Decided May 12, 1975.

Attorney(s) appearing for the Case

John K. Hoover, 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 Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

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

SCHWAB, Chief Judge.

Petitioner, an inmate in the Oregon State Penitentiary, contends that the disciplinary committee erred in finding him guilty of disruptive behavior. At the hearing petitioner presented affidavits he had personally obtained from other inmates. The committee's findings of fact state:

"The affidavits submitted by inmate Chochrek are viewed with distrust based on the premise that to permit inmates to be required to face an inmate and swear...

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