GIBLIN v. JOHNSON

(97-04-28708M; CA A98637)

982 P.2d 18 (1999)

160 Or. App. 377

David S. GIBLIN, Respondent, v. Dan JOHNSON, Superintendent, Snake River Correctional Institution, Appellant.

Court of Appeals of Oregon.

Decided May 12, 1999.


Attorney(s) appearing for the Case

Christine Chute, Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Bob Pangburn argued the cause and filed the brief for respondent.

Before LANDAU, Presiding Judge, and DEITS, Chief Judge, and WOLLHEIM, Judge.


WOLLHEIM, J.

Defendant is Superintendent of the Snake River Correctional Institution and plaintiff was a prisoner incarcerated there. Defendant appeals the trial court's summary judgment order granting plaintiff's request for habeas corpus relief. In light of our recent opinion in Peek v. Thompson, 160 Or.App. 260, 980 P.2d 178 (1999), we affirm.

Plaintiff was convicted in 1992...

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