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HERRON v. OREGON ST. PENITENTIARY, CORRECTIONS

No. 03-80-011; CA 17370.

617 P.2d 320 (1980)

48 Or.App. 597

James HERRON, Petitioner, v. OREGON STATE PENITENTIARY, Corrections Division, Respondent.

Court of Appeals of Oregon.

Argued and Submitted August 25, 1980.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause and submitted the brief for petitioner.

J. Scott McAlister, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James M. Brown, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

Before GILLETTE, P.J., and ROBERTS and CAMPBELL, JJ.

GILLETTE, Presiding Judge.

Petitioner was charged with violating institution rules by possessing dangerous contraband, specifically a hash pipe and a knife. OAR 291-105-01, IV(A), 7(A) and 7(C). At the disciplinary hearing, he admitted that the hash pipe was his and, on appeal, he does not challenge the finding that he violated the rule by possessing the pipe. However, at the hearing below, petitioner maintained that the knife was not his and that it had been planted...

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