Graves v. Cupp

492 P.2d 827, 7 Or. App. 634, 1972 Ore. App. LEXIS 1165
Court of Appeals of Oregon·Decided January 14, 1972·Published

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

492 P.2d 827 (Graves v. Cupp) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Newton v. Cupp
474 P.2d 532 (Court of Appeals of Oregon, 1970)