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BARRETT v. BELLEQUE

(CC 05C11516; CA A127929; SC S054622).

176 P.3d 1272 (2008)

344 Or. 91

Jacob BARRETT, Petitioner on Review, v. Brian BELLEQUE, Superintendent, Oregon State Penitentiary, Respondent on Review.

Supreme Court of Oregon.

Decided February 7, 2008.

Attorney(s) appearing for the Case

On review from the Court of Appeals.*

Charles M. Simmons, Rader, Stoddard & Perez, P.C., Ontario, argued the cause and filed the briefs for petitioner on review.

Kathleen Cegla, Assistant Attorney General, Salem, argued the cause and filed the briefs for respondent on review. With her on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before DE MUNIZ, Chief Justice, and GILLETTE, DURHAM, BALMER, KISTLER, and WALTERS, Justices.

BALMER, J.

While serving a prison term in Oregon, petitioner filed a petition for a writ lof habeas corpus claiming that he was entitled to a hearing before prison officials removed him from the general prison population and placed him in the prison's intensive management unit (IMU). The trial court dismissed the petition for failure to state a claim. The Court of Appeals affirmed on different grounds, holding that, because petitioner could have challenged the state...

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