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BILLINGS v. GATES

CC 94-02-26238M; CA A83424; SC S42241.

916 P.2d 291 (1996)

323 Or. 167

Jess A. BILLINGS, Respondent on Review, v. Edward L. GATES, Superintendent, Snake River Correctional Institution, Petitioner on Review.

Supreme Court of Oregon, In Banc.

Decided May 9, 1996.

Attorney(s) appearing for the Case

Philip Schradle, Assistant Attorney General, Salem, argued the cause for petitioner on review. With him on the brief were Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and Kristin N. Preston, Assistant Attorney General, Salem.

Garrett A. Richardson, Multnomah Defenders, Inc., Portland, argued the cause and filed the brief for respondent on review.

VAN HOOMISSEN, Justice.

This is a habeas corpus proceeding. See ORS 34.310 et seq. (describing habeas corpus procedures). The trial court denied plaintiff's petition as meritless. The Court of Appeals reversed. Billings v. Gates, 133 Or.App. 236, 244, 890 P.2d 995 (1995). The sole issue presented is the correct standard under Article I, section 16, of the Oregon Constitution...

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