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GREENE v. OREGON STATE PENITENTIARY, ETC.

567 P.2d 583 (1977)

30 Or.App. 487

Thomas GREENE, Petitioner, v. OREGON STATE PENITENTIARY, Corrections Division, Respondent.

Court of Appeals of Oregon.

Decided August 17, 1977.

Attorney(s) appearing for the Case

Stephanie A. Smythe, Deputy Public Defender, Salem, argued the cause for petitioner. With her on the brief was Gary D. Babcock, Public Defender, Salem.

Donald L. Paillette, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and TANZER and JOHNSON, JJ.

SCHWAB, Chief Judge.

In this disciplinary proceeding, petitioner was found guilty of attempted assault in violation of Rule 4 of the Oregon State Penitentiary Rules of Prohibited Conduct which provides:

"No inmate shall engage in the intentional physical injury of another person * * *"

The reported violation which was the basis of the hearing was made by Officer Kent. It read:

"Between 8:30 and 9:00 p.m., while Inmate Morrell was walking...

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