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GIBLIN v. JOHNSON

(97-04-28708M; CA A98637)

994 P.2d 808 (2000)

165 Or. App. 50

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

Court of Appeals of Oregon.

Decided January 12, 2000.

Attorney(s) appearing for the Case

Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Kelly Knivila, Assistant Attorney General, for petition.

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

On Appellant's petition for Reconsideration July 28, 1999.

WOLLHEIM, J.

The state seeks reconsideration of our opinion affirming the trial court's summary judgment granting plaintiff's request for habeas corpus relief. Giblin v. Johnson, 160 Or.App. 377, 982 P.2d 18 (1999). For the reasons discussed below, we allow the motion for reconsideration, withdraw our former opinion, reverse...

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