NORMAN v. ARMENAKIS

96-C-12130; CA A94092.

945 P.2d 660 (1997)

150 Or. App. 363

Kenneth NORMAN, Jr., Appellant, v. Nicholas ARMENAKIS, Superintendent, Oregon State Correctional Institute; Dianne Middle, State Board of Parole and Post-Prison Supervision, Respondents.

Court of Appeals of Oregon.

Decided October 1, 1997.


Attorney(s) appearing for the Case

Steven H. Gorham, Salem, argued the cause and filed the brief for appellant.

Denise Fjordbeck, Assistant Attorney General, argued the cause for respondents. With her on the brief were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

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


PER CURIAM.

Petitioner appeals the dismissal of his petition for a writ of habeas corpus in which he sought release from prison on the ground that, with proper credit for time served, he was entitled to release from custody. Defendant has moved to dismiss the appeal on the ground that it is moot because petitioner has been released from custody. We deny the motion because dismissal of the appeal on mootness grounds is not the appropriate disposition in this case....

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