Sagerser v. Oregon State Penitentiary
Court of Appeals of Oregon
1Opinion of the CourtGillette, J.
In this prison discipline case, petitioner was charged with and found guilty of violations of prison disciplinary Rule 1 (OAR 291-40-050(1)) — Disruptive Behavior1 and Rule 10 (OAR 291-40-050(10)) — Disobedience of an Order.2
Petitioner plead guilty to violating Rule 1. As to the disobedience charge, however, we are unable to discern from the sparse record in this case3 precisely what order petitioner is supposed to have violated. Accordingly, his conviction for violating Rule 10 must be reversed.
Affirmed in part; reversed in part.
OAR 291-40-050(1) provides:
"(1) Disruptive Behavior. No inmate…
2Cases cited1 opinion
- Calhoun v. OREGON STATE PENITENTIARY, ETC.Court of Appeals of Oregon · 1979