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HUCKABY v. NEWELL

519 P.2d 1290 (1974)

In the matter of the Application of Mark Warren HUCKABY for a Writ of Habeas Corpus. Mark Warren Huckaby, Appellant, v. William NEWELL, and Others Constituting Oregon Board of Parole and Probation, and Hoyt Cupp, Superintendent, Oregon State Penitentiary, Respondents.

Court of Appeals of Oregon.

Decided March 11, 1974.

Attorney(s) appearing for the Case

Charles N. Hilke, Marion-Polk Legal Aid Service, Inc., Salem, argued the cause and filed the briefs for appellant.

Scott McAlister, Asst. Atty. Gen., Salem, argued the cause for respondents. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

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

TANZER, Judge.

This is an appeal from the dismissal of a petition for a writ of habeas corpus. The basis for the petition is petitioner's contention that the revocation of his parole did not meet the constitutional standards of Morrissey v. Brewer, 408 U.S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972), because he was not afforded an on-site hearing shortly after he was arrested in California...

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