Lundy v. Oregon State Penitentiary

Court of Appeals of Oregon

Lundy v. Oregon State Penitentiary

579 P.2d 325, 34 Or. App. 713, 1978 Ore. App. LEXIS 2568

CourtCourt of Appeals of Oregon

DecidedMay 30, 1978

DocketNo. 12-77-271, CA 10174

StatusPublished

This text of 579 P.2d 325 (Lundy 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

Lundy v. Oregon State Penitentiary, 579 P.2d 325, 34 Or. App. 713, 1978 Ore. App. LEXIS 2568 (Or. Ct. App. 1978).

Pincite

Opinion

PER CURIAM.

Petitioner appeals from the order of the Superintendent of the Oregon State Penitentiary finding him in violation of the rule forbidding disobedience of an order and the rule forbidding disruptive behavior. The state correctly concedes that the finding regarding disruptive behavior must be reversed. There was sufficient evidence to support the finding that the petitioner had disobeyed an order, but the state correctly concedes that the case must be remanded for the reconsideration of a new sanction based solely upon the finding regarding disobedience of an order.

Reversed in part; remanded in part for reconsideration of sanction.

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PER CURIAM.

Petitioner appeals from the order of the Superintendent of the Oregon State Penitentiary finding him in violation of the rule forbidding disobedience of an order and the rule forbidding disruptive behavior. The state correctly concedes that the finding regarding disruptive behavior must be reversed. There was sufficient evidence to support the finding that the petitioner had disobeyed an order, but the state correctly concedes that the case must be remanded for the reconsideration of a new sanction based solely upon the finding regarding disobedience of an order.

Reversed in part; remanded in part for reconsideration of sanction.

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Bluebook (online)

579 P.2d 325, 34 Or. App. 713, 1978 Ore. App. LEXIS 2568, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lundy-v-oregon-state-penitentiary-orctapp-1978.