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DUNCAN v. OREGON ST. CORRECTIONAL INSTITUTION

No. 1618; CA 10057.

580 P.2d 1047 (1978)

35 Or.App. 81

Robert Alan DUNCAN, Petitioner, v. OREGON STATE CORRECTIONAL INSTITUTION, Respondent.

Court of Appeals of Oregon.

Decided July 5, 1978.

Attorney(s) appearing for the Case

Marianne Oswald, Deputy Public Defender, Salem, argued the cause for petitioner. With her on the brief was Gary D. Babcock, Public Defender, Salem.

J. Scott McAlister, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were James A. Redden, Atty. Gen., Al J. Laue, Sol. Gen., and Kathryn A. Logan, Certified Law Student, Salem.

Before SCHWAB, C.J., and THORNTON, TANZER and BUTTLER, JJ.

TANZER, Judge.

Petitioner seeks judicial review of the final order of the Superintendent of the Oregon State Correctional Institution finding petitioner to have violated Major Rule No. 8 forbidding sexual activity, and imposing a sanction of one year in the segregation and isolation unit and loss of 304 days of good time. On review he claims violations of OAR 291-40-110(2), (3) and (4).1

The offense occurred on October 11, 1977...

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