SCHAFER v. MAASS

92C11909; CA A77238.

858 P.2d 474 (1993)

122 Or. App. 518

Lloyd SCHAFER, Appellant, v. Manfred (Fred) MAASS, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon, In Banc.

Resubmitted June 9, 1993.

Decided August 25, 1993.


Attorney(s) appearing for the Case

Garrett A. Richardson, Portland, argued the cause and filed the brief for appellant.

Stephanie S. Andrus, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.


Resubmitted In Banc June 9, 1993.

EDMONDS, Judge.

Petitioner appeals the dismissal of his petition for writ of habeas corpus. We review for errors of law, ORS 138.220, and reverse.

Petitioner's petition alleges that he is "unlawfully" imprisoned in the Oregon State Penitentiary and

"the illegality thereof consists of the following: Plaintiff is subjected to cruel and unusual punishment in violation of the 8th and 14th Amendment to the...

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