Caron v. Oregon State Penitentiary

The state petitions for reconsideration of our opinion. 141 Or App 347, 918 P2d 120 (1996). Citing Bishop v. OSP, 35 Or App 315, 581 P2d 122 (1978), as instructive on the issue, we concluded that, under the facts of this case, the refusal of the hearings officer to order a polygraph examination for petitioner was an abuse of discretion that deprived petitioner of the opportunity for a fair hearing and required reversal. Id. at 353. The state asks that we “revise” the opinion to eliminate reference to the hearings officer’s abuse of discretion, because appellate review in prison disciplinary…