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HAMEL v. JOHNSON

(CC 97-05-28-838-M; CA A100349; SC S46332).

998 P.2d 661 (2000)

330 Or. 180

George F. HAMEL, Petitioner on Review, v. Dan JOHNSON, Superintendent, Snake River Correctional Institution, Respondent on Review.

Supreme Court of Oregon.

Decided April 6, 2000.

Attorney(s) appearing for the Case

Bob Pangburn, Caldwell, Idaho, argued the cause and filed the petition for petitioner on review.

Kelly Knivila, Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Eric M. Cumfer, Salem, filed a brief for amicus curiae Oregon Criminal Defense Lawyers Association.

Before CARSON, Chief Justice, and GILLETTE, VAN HOOMISSEN, DURHAM, LEESON, and RIGGS, Justices.

LEESON, J.

In this habeas corpus proceeding, ORS 34.310 et seq., the Court of Appeals dismissed as moot petitioner's challenge to a January 1997 order of the Board of Parole and Post-Prison Supervision (Board). Hamel v. Johnson, 158 Or.App. 276, 974 P.2d 260 (1999). See ORS 34.310 (allowing prosecution of writ of habeas corpus to inquire into cause of imprisonment). For the...

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