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BROWN v. THOMPSON

(CC 96C13583; CA A100035; SC S45957)

22 P.3d 766 (2001)

332 Or. 57

Gilbert C. BROWN, Petitioner on Review, v. S. Frank THOMPSON, Superintendent, Oregon State Penitentiary, Respondent on Review.

Supreme Court of Oregon.

May 4, 2001.

Attorney(s) appearing for the Case

Harrison Latto, Portland, filed the petition for petitioner on review.

Timothy A. Sylwester, Assistant Attorney General, Salem, filed the motion to recall the appellate judgment and to reconsider the order denying the petition for review. With him on the motion were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Anthony D. Bornstein, Assistant Federal Public Defender, Portland, filed the joint petition for reconsideration.

Prior report: 328 Or. 365, 987 P.2d 510.

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

MEMORANDUM OPINION

The joint petition for reconsideration is allowed, and the appellate judgment is recalled. The order denying review is vacated, and the petition for review is allowed. The decision of the Court of Appeals is reversed, and the case is remanded to the Court of Appeals for further consideration in light of Hamel v. Johnson, 330 Or. 180, 998 P.2d 661<...

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