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BIAS v. CUPP

464 P.2d 721 (1970)

Dewey Bernard BIAS, Appellant, v. Hoyt C. CUPP, Warden, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon, In Banc.

Petition for Rehearing January 13, 1970.

Review Denied March 17, 1970.

Attorney(s) appearing for the Case

J. Marvin Kuhn, Deputy Public Defender, Salem, for the petition. With him on the petition was Gary D. Babcock, Public Defender, Salem.

On Appellant's Petition for Rehearing January 13, 1970.

SCHWAB, Chief Judge.

Appellant has filed a petition for rehearing contending that we were in error in holding that his ninth cause of action did not state grounds for relief. In his brief on appeal, appellant argued that his ninth cause of action was "not res judicata because the decisions in Wade and Gilbert1 reflected a change in the law while petitioner's direct appeal...

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