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HARRIS v. CUPP

485 P.2d 1113 (1971)

Ronald Franklin HARRIS, Appellant, v. Hoyt C. CUPP, Warden, Oregon State Penitentiary, Oregon State Corrections Division, Department of Parole and Probation, Respondents.

Court of Appeals of Oregon, Department 1.

Decided June 10, 1971.

Attorney(s) appearing for the Case

Carl N. Byers, Salem, argued the cause and filed the brief for appellant.

Jim G. Russell, Asst. Atty. Gen., Salem, argued the cause for respondents. With him on the brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. Gen., Salem.

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

LANGTRY, Judge.

This is an appeal from dismissal of a petition for writ of habeas corpus. Petitioner was "paroled" by an order of the State Board of Parole and Probation from the Oregon State Penitentiary to the Oregon State Hospital on October 24, 1968. According to petitioner's testimony, because of his sexual involvement with an inmate of the hospital, he was discharged on May 2, 1969. No notification was given to the parole administration. Within a few days of...

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