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DIETRICH v. BROOKS

558 P.2d 357 (1976)

27 Or.App. 821

John Lawrence DIETRICH, Appellant, v. Dr. Dean K. BROOKS, Superintendent of the Oregon State Hospital, and Dr. J.D. Bray, Administrator, Oregon Mental Health Division, Respondents. Application of John Lawrence Dietrich for a Writ of Habeas Corpus. John Lawrence Dietrich, Appellant, v. Dr. Dean K. Brooks, Superintendent of the Oregon State Hospital, Respondent.

Court of Appeals of Oregon.

Decided December 20, 1976.

Attorney(s) appearing for the Case

Steven H. Gorham, Marion-Polk Legal Aid Service, Inc., Salem, argued the cause and filed the brief for appellant.

W. Michael Gillette, Sol. Gen., Salem, argued the cause for respondents. With him on the brief was Lee Johnson, Atty. Gen., and Karen H. Green, Certified Law Student, Salem.

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

TANZER, Judge.

This is a consolidated appeal from an order denying a writ of habeas corpus and from a judgment declaring ORS 426.290 to be constitutional.

On August 28, 1975, the appellant was involuntarily committed to the Mental Health Division pursuant to ORS 426.130. That proceeding is not challenged. Appellant was then confined in the Oregon State Hospital until November 2, 1975, when he was released on trial visit pursuant to ORS 426.280.

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