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TELLONE v. MAASS

86C-11916; CA A45393.

752 P.2d 354 (1988)

90 Or.App. 436

In the matter of the Application of John Joseph TELLONE for a Writ of Habeas Corpus. John Joseph Tellone, Appellant, v. Fred MAASS, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided April 13, 1988.

Attorney(s) appearing for the Case

George E. Price, Salem, argued the cause and filed the brief for appellant.

Philip Schradle, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before WARDEN, P.J., and VAN HOOMISSEN and GRABER, JJ.

PER CURIAM.

Petitioner appeals the dismissal of his petition for a writ of habeas corpus. At oral argument, petitioner's counsel advised us that petitioner is no longer in defendant's custody. Given that fact, any order requiring defendant to deliver petitioner to the court or release him would be futile. This appeal, therefore, must be dismissed. Rahm v. Keeney, 83 Or.App. 266, 730 P.2d 1297<...

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