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BROPHY v. BURKS

SC S35597.

762 P.2d 1017 (1988)

307 Or. 62

In the matter of the Application of William Joseph BROPHY, Plaintiff, v. David BURKS, Sheriff of Lane County, Defendant.

Supreme Court of Oregon.

Decided October 18, 1988.

Attorney(s) appearing for the Case

Dorothy J. Morey, Eugene, filed the petition and argued the cause on behalf of the plaintiff.

Brenda J. Peterson, Asst. Atty. Gen., Salem, filed the memorandum in opposition and argued the cause on behalf of the defendant. With her on the memorandum were Dave Frohnmayer, Atty. Gen. and Virginia L. Linder, Sol. Gen., Salem.

Before PETERSON, C.J., LINDE, CAMPBELL, JONES and GILLETTE, JJ., and VAN HOOMISSEN, J. Pro Tem.

GILLETTE, Justice.

This is an original habeas corpus case under Article VII (Amended), section 2 of the Oregon Constitution. Plaintiff is a prisoner in the Lane County Jail, awaiting trial on a felony charge. Defendant, the Sheriff of Lane County, operates the jail. Plaintiff alleges that he is entitled to immediate release from jail pursuant to ORS 136.290(1), which requires release of persons held pending trial for longer than sixty days. We agree, and direct...

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