KILGORE v. MAASS

86C-10766; CA A44424.

749 P.2d 1201 (1988)

89 Or.App. 489

Dale Lee KILGORE, Appellant, v. Manfred MAASS, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided February 10, 1988.


Attorney(s) appearing for the Case

George E. Price, Salem, argued the cause and submitted the brief for appellant.

Butch Pribbanow, Certified Law Student, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Scott McAlister, Asst. Atty. Gen., Salem.

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


ROSSMAN, Judge.

Petitioner appeals from a judgment denying post conviction relief. The question is whether the judge at his original trial, who had previously represented petitioner in an unrelated matter, was legally required to disqualify himself on his own motion. We hold that he was not and affirm.

Petitioner contends that the judge at his original trial should have disqualified himself under Canon 3C(1) of the Code of Judicial Conduct, which requires...

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