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HALE v. OREGON STATE PENITENTIARY, ETC.

577 P.2d 531 (1978)

Wallace HALE, Petitioner, v. OREGON STATE PENITENTIARY, Corrections Division, Respondent.

Court of Appeals of Oregon.

Argued and Submitted January 18, 1978.

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 Al J. Laue, Sol. Gen., Salem.

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

SCHWAB, Chief Judge.

In this disciplinary proceeding the order of the Superintendent of the Oregon State Penitentiary was not timely entered and this error requires reversal.

After hearing a charge of misconduct by petitioner, the Disciplinary Committee entered an order on May 16, 1977, finding petitioner guilty of the charge and recommending a sanction consisting of six months' segregation and forfeiture of 180 days of good time. The superintendent entered...

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