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PENROD v. CUPP

581 P.2d 934 (1978)

Donald PENROD, Petitioner, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent. Robert E. Brown, Petitioner, v. Hoyt C. Cupp, Superintendent, Oregon State Penitentiary, Respondent.

Supreme Court of Oregon, In Banc.

Decided July 5, 1978.

Attorney(s) appearing for the Case

R. Michael Healey, Stayton, argued the cause for the petitioner in each appeal. With him on the briefs were Bell, Bell & Rounsefell, Stayton.

J. Scott McAlister, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief in Penrod v. Cupp were James A. Redden, Atty. Gen., W. Michael Gillette, Sol. Gen., and W. Benny Won, Asst. Atty. Gen.

Stephen Kanter, Portland, Cooperating Atty. for ACLU of Oregon, filed a brief as amicus curiae.

LINDE, Justice.

Petitioners, inmates of the Oregon State Penitentiary, appealed to the Court of Appeals from the dismissal by the Marion County Circuit Court of their petitions for writs of habeas corpus, which alleged various deprivations and mistreatment claimed to violate the petitioners' constitutional rights. The Court of Appeals affirmed the dismissals without reaching the merits, accepting defendant's argument that the circuit court "did not have jurisdiction...

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