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PYLE v. BROOKS

570 P.2d 990 (1977)

31 Or.App. 479

Application of Wade Henry PYLE for a Writ of Habeas Corpus. Wade Henry Pyle, by and through Kent B. Thurber, His Guardian Ad Litem, Appellant, v. Dr. Dean K. BROOKS, Superintendent of the Oregon State Hospital, Respondent (Two Cases).

Court of Appeals of Oregon.

Decided November 7, 1977.

Attorney(s) appearing for the Case

Kent B. Thurber, Marion-Polk Legal Aid Service, Inc., Salem, argued the cause for appellant. With him on the brief was Mary M. Dahlgren, Marion-Polk Legal Aid Service, Inc., Salem.

W. Michael Gillette, Sol. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Karen H. Green, Certified Law Student, Salem.

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

TANZER, Judge.

In separate declaratory judgment and habeas corpus proceedings, plaintiff challenged the constitutionality of that portion of ORS 426.220(1) relating to the voluntary civil commitment of minors. In the declaratory judgment suit, the circuit court granted summary judgment to defendant upon the reasoning that the challenged statute was constitutional. Plaintiff's petition for writ of habeas corpus was dismissed as moot upon his release from the state...

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