TICE v. CUPP


544 P.2d 605 (1976)

John Steven TICE, Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided January 19, 1976.


Attorney(s) appearing for the Case

John R. Miller, Salem, argued the cause and filed the brief for appellant.

Catherine Allan, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

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


LANGTRY, Judge.

This appeal is from the dismissal of petitioner's (an Oregon State Penitentiary inmate) habeas corpus petition after the state's demurrer thereto had been sustained.

It is agreed in briefs that petitioner had been the subject of a penitentiary disciplinary hearing for an alleged rule violation in which he was found guilty. In the petition we find in the record herewith, he says error in the disciplinary proceeding was admitted by the respondent...

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