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WOODARD v. RASMUSSEN

84-9-143; CA A33514.

700 P.2d 675 (1985)

73 Or.App. 689

Woody Wade WOODARD, Appellant, v. Captain Jerry RASMUSSEN, Respondent.

Court of Appeals of Oregon.

Decided May 22, 1985.

Reconsideration Denied July 5, 1985.

Review Denied July 30, 1985.

Attorney(s) appearing for the Case

Phillip M. Margolin, Portland, argued the cause and filed the brief for appellant.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before GILLETTE, P.J., and VAN HOOMISSEN and YOUNG, JJ.

GILLETTE, Presiding Judge.

In this habeas corpus proceeding, plaintiff is a prisoner held in the Clackamas County Jail under a Governor's extradition warrant. Defendant is the sheriff's officer in charge of the jail. Plaintiff asserts that the warrant under which he is held is invalid, because it was signed by a Robert Oliver, a member of the Governor's legal staff, rather than by the Governor. After a hearing, the circuit court dismissed the writ of habeas corpus...

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