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COOPER v. BURKS

SC S31927.

702 P.2d 1107 (1985)

299 Or. 449

Albert Vernie COOPER, Plaintiff, v. David BURKS, Sheriff of Lane County, Defendant.

Supreme Court of Oregon, In Banc.

Decided July 16, 1985.

Attorney(s) appearing for the Case

Jay W. Frank, Eugene, argued the cause for plaintiff. With him on the Writ was Moule & Frank, Eugene.

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause for defendant. With him on the return was Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem. Jim Hunt, Deputy Dist. Atty., Eugene, also argued the cause and filed an affidavit in opposition.

CARSON, Justice.

On July 3, 1985, plaintiff, an inmate in the Lane County jail, filed a habeas corpus petition in this court pursuant to Article VII (Amended), section 2, of the Oregon Constitution. Plaintiff is in the custody of defendant, the Lane County Sheriff. This court ordered that the writ issue; pursuant thereto, defendant filed his return. At a hearing on July 10, 1985, this court inquired into the circumstances of plaintiff's imprisonment. ORS 34.580. Plaintiff...

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