Carter v. Oregon State Penitentiary

Court of Appeals of Oregon

Carter v. Oregon State Penitentiary

773 P.2d 827, 96 Or. App. 751

CourtCourt of Appeals of Oregon

DecidedMay 24, 1989

Docket11-87-174, 11-87-166-C; CA A47019

StatusPublished

This text of 773 P.2d 827 (Carter v. Oregon State Penitentiary) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Carter v. Oregon State Penitentiary, 773 P.2d 827, 96 Or. App. 751 (Or. Ct. App. 1989).

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Opinion

PER CURIAM

Petitioner seeks review of a final order of the Superintendent of the Oregon State Penitentiary that found that he had violated a disciplinary rule and imposed, inter alia, a $100 fine. He contends that there is not sufficient evidence to support the finding of guilty and that his actions were taken in self-defense. We disagree. However, respondent concedes, and we agree, that the fine is unlawful. Watson v. OSP, 90 Or App 85, 750 P2d 1188 (1988).

Fine vacated; otherwise affirmed.

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PER CURIAM

Petitioner seeks review of a final order of the Superintendent of the Oregon State Penitentiary that found that he had violated a disciplinary rule and imposed, inter alia, a $100 fine. He contends that there is not sufficient evidence to support the finding of guilty and that his actions were taken in self-defense. We disagree. However, respondent concedes, and we agree, that the fine is unlawful. Watson v. OSP, 90 Or App 85, 750 P2d 1188 (1988).

Fine vacated; otherwise affirmed.

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773 P.2d 827, 96 Or. App. 751, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carter-v-oregon-state-penitentiary-orctapp-1989.

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