EARP v. OR. ST. PENITENTIARY CORRECTIONS DIV.


540 P.2d 387 (1975)

Leroy EARP, Petitioner, v. OREGON STATE PENITENTIARY CORRECTIONS DIVISION, Respondent.

Court of Appeals of Oregon.

Decided September 22, 1975.


Attorney(s) appearing for the Case

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

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 LANGTRY and FORT, JJ.


SCHWAB, Chief Judge.

A disciplinary committee found petitioner guilty of possessing a knife in his prison cell. Petitioner did not contest that a knife was found in his cell, but strenuously insisted that he never knew the knife was there, and that it must have been "planted" in his cell by somebody.

At the disciplinary hearing much time was devoted to the question of whether petitioner was required to keep his cell door locked when he was not in it. At the...

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