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BATY v. SLATER

(97-353; CA A99306)

995 P.2d 1176 (2000)

164 Or. App. 779

Carl BATY, Appellant, v. Debra SLATER, Superintendent, Powder River Correctional Facility, Respondent.

Court of Appeals of Oregon.

Decided January 5, 2000.

Attorney(s) appearing for the Case

Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, Kelly Knivila, Assistant Attorney General, and Kathleen M. Cegla, Assistant Attorney General, for petition.

Daniel L. Cronin, John Day, contra.

Andy Simrin, Salem, for Oregon Criminal Defense Lawyer's Association amicus curiae.

Before HASELTON, Presiding Judge, and ARMSTRONG and BREWER, Judges.

On Respondent's petition for Reconsideration August 18, 1999.

BREWER, J.

Defendant petitions for reconsideration of our decision denying her motion to dismiss plaintiff's appeal.1 We allow that petition and adhere to our former opinion. We write briefly to explain our reasons for doing so.

Defendant argues that, even if plaintiff's release from imprisonment was unlawfully delayed, plaintiff's appeal is moot because the...

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