Graves v. Cupp

Court of Appeals of Oregon

Graves v. Cupp

492 P.2d 827, 7 Or. App. 634, 1972 Ore. App. LEXIS 1165

DecidedJanuary 14, 1972

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This text of 492 P.2d 827 (Graves v. Cupp) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Graves v. Cupp, 492 P.2d 827, 7 Or. App. 634, 1972 Ore. App. LEXIS 1165 (Or. Ct. App. 1972).

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Opinion

PER CURIAM.

The plaintiff’s petition for a writ of habeas corpus was dismissed without a hearing on the ground that it failed to state facts sufficient to constitute grounds for relief.

[635]*635On appeal defendant concedes that under Newton v. Cupp, 91 Adv Sh 253, 3 Or App 434, 474 P2d 532 (1970), “a hearing should have been held by the circuit court to take evidence concerning at least one of the allegations raised in the petition for a Writ of Habeas Corpus.”

Eeversed and remanded.

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PER CURIAM.

The plaintiff’s petition for a writ of habeas corpus was dismissed without a hearing on the ground that it failed to state facts sufficient to constitute grounds for relief.

[635]*635On appeal defendant concedes that under Newton v. Cupp, 91 Adv Sh 253, 3 Or App 434, 474 P2d 532 (1970), “a hearing should have been held by the circuit court to take evidence concerning at least one of the allegations raised in the petition for a Writ of Habeas Corpus.”

Eeversed and remanded.

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492 P.2d 827, 7 Or. App. 634, 1972 Ore. App. LEXIS 1165, Counsel Stack Legal Research, https://law.counselstack.com/opinion/graves-v-cupp-orctapp-1972.

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