HEILLER v. MAASS

90-C-11842; CA A66914.

814 P.2d 1097 (1991)

108 Or.App. 468

Lee HEILLER, Appellant, v. Manfred (Fred) MAASS, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided August 21, 1991.


Attorney(s) appearing for the Case

Hari Nam S. Khalsa, Deputy Public Defender, Salem, filed the brief, for appellant.

Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Carol J. Fredrick, Asst. Atty. Gen., Salem, filed the brief, for respondent.

Before WARREN, P.J., JOSEPH, C.J., and RIGGS, Judge.


PER CURIAM.

In this habeas corpus action, the trial court found that the harm alleged by plaintiff did not state a claim for relief and did not warrant a hearing. Plaintiff appeals the judgment dismissing the writ.

Defendant's returns do not allege facts that would defeat plaintiff's allegations. They only controvert them. Defendant now concedes that plaintiff's allegations, if true, state a basis for relief, because he alleges severe pain for which...

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