BURSON v. CUPP

139,863; CA A30759.

688 P.2d 1382 (1984)

70 Or.App. 246

William E. BURSON, Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided October 10, 1984.


Attorney(s) appearing for the Case

Eric E. Johansen, Salem, argued the cause and filed the brief for appellant.

Robert M. Atkinson, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before GILLETTE, P.J., and VAN HOOMISSEN and YOUNG, JJ.


GILLETTE, Presiding Judge.

Petitioner appeals from dismissal of his petition for relief under the Post-Conviction Hearing Act, ORS 138.510-138.680. He asserts that the trial court erred in (1) foreclosing certain issues raised in his petition without a hearing by granting defendant summary judgment when defendant had only moved for partial summary judgment; (2) ruling that he was not denied his constitutional rights because of the manner in which the foreman of the...

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