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STATE v. NOELLE

CC 96-07-35656; CA A94568; SC S44427.

947 P.2d 1120 (1997)

326 Or. 69

STATE of Oregon ex rel Francis Stuart WHELAN, Petitioner on Review, v. Dan NOELLE, Sheriff, Multnomah County, Respondent on Review.

Supreme Court of Oregon.

Decided November 7, 1997.

Attorney(s) appearing for the Case

Francis S. Whelan, filed the petition for review pro se.

No appearance contra.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, FADELEY, GRABER and DURHAM, JJ.

MEMORANDUM OPINION.

The petition for review is denied.

FADELEY, Justice, dissenting.

I dissent from the order denying the writ of habeas corpus without requesting any return or hearing thereon. I am not ready to deny review of the issue of availability of the writ in this case.

The trial court found as fact, beyond a reasonable doubt, that petitioner was not a fugitive. He did not "flee from Justice." That wording, of course, tracks the words...

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