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ROSS v. OR. ST. PENITENTIARY, CORRECTIONS DIV.

538 P.2d 90 (1975)

James ROSS, Petitioner, v. OREGON STATE PENITENTIARY, Corrections Division, Respondent.

Court of Appeals of Oregon.

Decided July 28, 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.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were Lee Johnson, Atty. Gen., W. Michael Gillette, Sol. Gen., and Scott McAlister, Asst. Atty. Gen., Salem.

Before SCHWAB, C.J., and LANGTRY and THORNTON, JJ.

THORNTON, Judge.

This is a review of a prison disciplinary proceeding. Petitioner was found guilty by a disciplinary committee of disobeying an order given by a correctional officer. Petitioner asserts there was insufficient evidence for the disciplinary committee to find him guilty of disobeying an order.

On January 24, 1975, petitioner was being treated at a Salem hospital while in the custody of a correctional officer, who was acting as a guard. Petitioner...

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