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MARTYR v. STATE

92C-11038; CA A82668.

883 P.2d 237 (1994)

130 Or. App. 528

Robert MARTYR, Appellant, v. STATE of Oregon, Respondent.

Court of Appeals of Oregon.

Decided October 12, 1994.

Attorney(s) appearing for the Case

Spencer M. Neal, Portland, argued the cause and filed the brief for appellant.

Robert B. Rocklin, Asst. Atty. Gen., argued the cause for respondent. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.

WARREN, Presiding Judge.

Plaintiff appeals from a judgment declaring that defendant's censorship of plaintiff's mail does not violate ORS 426.385(1).1 We reverse and remand.

Plaintiff is a mentally ill person who is committed to the Mental Health and Developmental Disability Services Division (division). He is housed in the forensic unit of the Oregon State Hospital. Hospital personnel opened, reviewed and censored some of plaintiff...

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