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HIGNITE v. OREGON STATE PENITENTIARY

576 P.2d 798 (1978)

33 Or.App. 305

Baxter HIGNITE, Petitioner, v. OREGON STATE PENITENTIARY, Corrections Division, Respondent.

Court of Appeals of Oregon.

Decided April 3, 1978.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, and Robert C. Cannon, Deputy Public Defender, Salem, filed the brief for petitioner.

James A. Redden, Atty. Gen., and Al J. Laue, Sol. Gen., Salem, filed the brief for respondent.

Before SCHWAB, C.J., and LEE, RICHARDSON and JOSEPH, JJ.

SCHWAB, Chief Judge.

Petitioner was charged and found guilty of violation of OAR 291-40-050(7)(d)(A)(B)(C) — use of dangerous contraband — and received a sanction of two weeks' segregation. The report of violation upon which he was tried read:

"This morning I noticed that Mr. Hignite was walking very slowly and staggering from side to side. When I asked him if he was feeling allright he slurred his...

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