Branton v. Oregon State Penitentiary

The Supreme Court vacated our decision, 83 Or App 571, 732 P2d 926 (1987), and remanded this case to us for further consideration in the light of State v. Lyon, 304 Or 221, 744 P2d 231 (1987). We affirm.

This is a review of a prison disciplinary proceeding. In our earlier opinion, we relied on our holding in Higley v. Edwards, 67 Or App 488, 492, 678 P2d 775 (1984) that, under ORS 183.450(1), it is error to admit polygraph evidence over the objection of a party. We concluded that, because petitioner did not object but agreed to take the polygraph with the understanding that it would be used as…