Legal Opinion

Robertson v. OR. STATE PEN., CORRECTIONS DIV.

Court of Appeals of Oregon

Decided August 2, 1978No. 01-78-196, CA 10292PublishedCited by 3 opinions

1Opinion of the CourtJoseph, J.

Petitioner seeks review of an order of the disciplinary committee, which found him guilty of violating Major Rule 13, OAR 291-40-050(13). 1 A charge of disruptive behavior (OAR 291-40-050(1)) was dismissed. He asserts that there was insufficient evidence to sustain the guilty conclusion.

The essence of conspiracy under the rule is an agreement. The committee’s "FINDING OF FACT” is set out in the footnote. 2 Petitioner did advocate disruptive behavior, albeit in somewhat vague terms, but the conclusion that he "was conspiring with Inmate Ham-mick to advocate a sit down strike in the…

2Cited by3 opinions

  1. Calhoun v. OREGON STATE PENITENTIARY, ETC.Court of Appeals of Oregon · 1979
  2. Armas v. Oregon State PenitentiaryCourt of Appeals of Oregon · 1979
  3. Harrington v. Oregon State PenitentiaryCourt of Appeals of Oregon · 1979

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