MUELLER v. BENNING

CC 87-C-12088; CA A62309; SC S37643.

841 P.2d 640 (1992)

314 Or. 615

Donald MUELLER, Petitioner on Review, v. Bob BENNING, Superintendent, Oregon State Hospital, Respondent on Review.

Supreme Court of Oregon, In Banc.

Decided November 19, 1992.


Attorney(s) appearing for the Case

John E. Storkel, Salem, argued the cause and filed the petition for petitioner on review.

Janet A. Klapstein, Asst. Atty. Gen., Salem, argued the cause for respondent on review.


FADELEY, Judge.

This case concerns jurisdiction and pleading of habeas corpus and post-conviction petitions. In a 1985 trial of a burglary charge, petitioner here was found guilty except for insanity and was committed to the jurisdiction of the Psychiatric Security Review Board (PSRB). He now seeks release from that commitment by attacking the validity of the trial that produced that result and of the appeal that affirmed it.

In late 1987, petitioner personally...

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