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KELLOTAT v. CUPP

No. 144,912; CA A34995.

714 P.2d 1074 (1986)

78 Or.App. 61

Philip Charles KELLOTAT, Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Submitted on Record and Briefs August 30, 1985.

Attorney(s) appearing for the Case

Philip Charles Kellotat, Salem, filed brief pro se for appellant.

Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., and Kendall M. Barnes, Asst. Atty. Gen., Salem, filed brief for respondent.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

BUTTLER, Presiding Judge.

Petitioner appeals from a denial of post-conviction relief, contending that he was denied a post-indictment preliminary hearing in violation of his right to equal protection of the law under Article I, section 20, of the Oregon Constitution and the Fourteenth Amendment to the federal constitution. Because we hold that the rule first enunciated in State v. Clark, 291 Or. 231, 630 P.2d...

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