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NICKLIN v. OREGON STATE COR. INST., COR. DIV.

No. 4505; CA 12569.

593 P.2d 1268 (1979)

39 Or.App. 833

Frank Lewis NICKLIN, Jr., Petitioner, v. OREGON STATE CORRECTIONAL INSTITUTION, Corrections Division, Respondent.

Court of Appeals of Oregon.

Decided April 23, 1979.

Attorney(s) appearing for the Case

David E. Groom, Salem, argued the cause for petitioner. With him on brief, was Gary D. Babcock, Public Defender, Salem.

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

Before SCHWAB, C.J., and TANZER, RICHARDSON and ROBERTS, JJ.

ROBERTS, Judge.

Petitioner appeals from a decision of the Prison Disciplinary Committee finding him guilty of violating Rule 17, possession, manufacture or use of dangerous contraband. Petitioner contends that the Disciplinary Committee erred in failing to grant his request for an investigation. We reverse.

Petitioner was charged with consuming "pruno," a homemade alcoholic beverage, after an officer who was conducting...

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