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NEILL v. BALDWIN

CV 930568; CA A80635.

878 P.2d 443 (1994)

129 Or. App. 167

David NEILL, Appellant, v. G.H. BALDWIN, Superintendent, Eastern Oregon Correctional Institution, Respondent.

Court of Appeals of Oregon.

Decided July 20, 1994.

Attorney(s) appearing for the Case

Garrett A. Richardson, Multnomah Defenders, argued the cause and filed the brief, for appellant.

Youlee Y. You, Asst. Atty. Gen., argued the cause for respondent. With her on the brief were Theodore R. Kulongoski, Atty. Gen., Virginia L. Linder, Sol. Gen., and Jeannie Hua, Certified Law Student.

Before DEITS, P.J., and RIGGS and HASELTON, JJ.

RIGGS, Judge.

Petitioner appeals from a judgment dismissing his petition for post-conviction relief. We affirm.

On April 8, 1993, while incarcerated at the Snake River Correctional Institution, petitioner filed a petition for a writ of habeas corpus in Malhuer County Circuit Court alleging that his conviction is void under Article VII (Amended), section 5(2), of the Oregon Constitution, because the indictment was returned by a grand jury consisting...

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