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WHALEY v. BELLEQUE

No. 06-35759.

520 F.3d 997 (2008)

Leslie WHALEY, Petitioner-Appellant, v. Brian BELLEQUE, Superintendent, Oregon Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 24, 2008.

Attorney(s) appearing for the Case

Thomas J. Hester, Assistant Federal Public Defender, Portland, OR, for the appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Carolyn Alexander, Assistant Attorney General, Office of the Oregon Attorney General, Salem, OR, for the appellee.

Before: STEPHEN REINHARDT, Circuit Judge; CYNTHIA HOLCOMB HALL, Senior Circuit Judge; MILAN D. SMITH, JR., Circuit Judge.

Opinion by Judge REINHARDT; Dissent by Judge HALL.

REINHARDT, Circuit Judge:

Leslie Whaley has shuttled in and out of habeas corpus and parole proceedings since 1993. In one of the most recent iterations of this procedure, the state represented in an Oregon appellate court proceeding that his constitutional challenge to his parole conditions was moot under Oregon law because he had been removed from parole and reincarcerated. Although the parole revocation...

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