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CALHOUN v. OREGON STATE PENITENTIARY, ETC.

No. 02-79-097; CA 13670.

597 P.2d 1250 (1979)

41 Or.App. 339

Michael CALHOUN, Petitioner, v. OREGON STATE PENITENTIARY, Corrections Division, Respondent.

Court of Appeals of Oregon.

Decided July 30, 1979.

Attorney(s) appearing for the Case

David E. Groom, Public Defender's office, 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 was James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before SCHWAB, C.J., and LEE, GILLETTE and CAMPBELL, JJ.

GILLETTE, Judge.

In this prison discipline case, petitioner was charged with and found guilty of violations of Rule 1 (OAR 291-40-050(1)) — Disruptive Behavior1 and Rule 13(a) (OAR 291-40-050(13)(a)) — Conspiracy to Commit a Rule Violation.2 We find no evidence on this record that petitioner violated either rule, and so reverse.

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