BEKINS v. CUPP


545 P.2d 861 (1976)

Stephen BEKINS, Petitioner, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent.

Supreme Court of Oregon, In Banc.

Decided January 29, 1976.


Attorney(s) appearing for the Case

Don S. Dana, Salem, argued the cause and filed a brief for petitioner.

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


DENECKE, Justice.

The petitioner brought this habeas corpus proceeding to secure judicial review of the action of the Oregon State Penitentiary placing him in segregation and isolation on two occasions. The circuit court dismissed his petition and the Court of Appeals affirmed. Or. App., 533 P.2d 817 (1975). We granted review.

We raised the question with counsel whether habeas corpus was the proper procedure to question the...

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