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THOMPSON v. CUPP

484 P.2d 858 (1971)

Michael Corvin THOMPSON, Petitioner-Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon, Department 1.

Decided May 13, 1971.

Attorney(s) appearing for the Case

David H. Blunt, Salem, argued the cause and filed the briefs, for appellant.

James L. Carney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. Gen., Salem.

Before SCHWAB, C.J., and FOLEY and FORT, JJ.

SCHWAB, Chief Judge.

The petitioner, Thompson, petitioned the circuit court for a writ of habeas corpus alleging that he was illegally imprisoned in that the Oregon State Board of Parole and Probation had arbitrarily and capriciously revoked his parole. On appeal from judgment dismissing the writ he contends that the board's action was arbitrary and capricious, because (1) it failed to grant him a hearing with counsel prior to its order of revocation, and (2) there...

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