PALAIA v. OSP

No. 01-83-197; CA A27518.

673 P.2d 578 (1983)

66 Or.App. 225

John PALAIA, Petitioner, v. OREGON STATE PENITENTIARY, Corrections Division, Respondent.

Court of Appeals of Oregon.

Decided December 21, 1983.


Attorney(s) appearing for the Case

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

J. Scott McAlister, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


BUTTLER, Presiding Judge.

Petitioner was charged with the violation of two institutional rules. The alleged violations occurred on the same date and at the same time, and were the subject of one misconduct report. Petitioner denied the violations.

Prior to the disciplinary hearing, petitioner submitted to the hearings officer a list of witnesses to be called and questions to be asked. The hearings officer referred the questions to the investigator, who posed...

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