Smith v. Oregon State Penitentiary

All but one of the issues raised in this prison discipline case have been resolved in Wolff v. McDonnell, 418 US 539, 94 S Ct 2963, 41 L Ed 2d 935 (1974); Bonney v. OSP, 16 Or App 509, 519 P2d 383, Sup Ct review allowed (1974); and Dragoo v. OSP, 19 Or App 1, 526 P2d 637 (1974). The one unique issue involves the authority of the prison disciplinary committee to recess hearings.

On February 12, 1974 petitioner was charged with violating a prison rule prohibiting presence in unauthorized areas at a time when a sexual assault of another inmate allegedly occurred. A disciplinary hearing began the…