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RUTHERFORD v. OREGON STATE PENITENTIARY, ETC.

No. PD 650-D; CA 10407; SC 25795.

592 P.2d 1028 (1979)

39 Or.App. 431

David RUTHERFORD, Petitioner, v. OREGON STATE PENITENTIARY, CORRECTIONS DIVISION, FIELD SERVICES, Respondent.

Court of Appeals of Oregon, In Banc.

Decided April 2, 1979.

Attorney(s) appearing for the Case

James E. Mountain, Jr., Deputy Public Defender, Salem, argued the cause for petitioner. With him on the brief was Gary D. Babcock, Public Defender, Salem.

J. Scott McAlister, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Submitted on Remand from the Oregon Supreme Court, February 7, 1979.

SCHWAB, Chief Judge.

This case is before us again on remand from the Supreme Court. 285 Or. 185, 589 P.2d 1127 (1979).

I

Petitioner, an Oregon State Penitentiary inmate, was participating in a work release program, during which he was housed at the Multnomah County Correctional Institute. He was charged with...

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