Legal Opinion · Dissent

Wiggett v. Oregon State Penitentiary

Court of Appeals of Oregon

Decided June 10, 1987No. 03-86-175; CA A39956Published

1DissentWarden, J.

The majority has failed to understand the foundation of the Supreme Court’s decisions on polygraph evidence and has thereby seriously undermined evidentiary standards for all administrative hearings. It has also failed to recognize the other flaws in the hearings officer’s credibility determination. I therefore dissent.

The question in this case is whether the hearings officer applied the proper standards and considered admissible evidence in deciding that the unnamed informant was credible. That issue is particularly important, because the use of unnamed informant evidence, although…

2Cases cited8 opinions

  1. State v. BrownOregon Supreme Court · 1984
  2. Palen v. Oregon State Board of Higher EducationCourt of Appeals of Oregon · 1974
  3. Higley v. EdwardsCourt of Appeals of Oregon · 1984
  4. Shumway v. Oregon State Peniten., Corr. Div.Oregon Supreme Court · 1983
  5. In Re Application for Reinstatement of BlackOregon Supreme Court · 1968

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