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Tellone v. Maass

Oregon Court of Appeals
Apr 13, 1988
752 P.2d 354 (Or. Ct. App. 1988)

Opinion

86C-11916; CA A45393

Argued and submitted March 16, 1988

Appeal dismissed April 13, 1988

Appeal from Circuit Court, Marion County.

Richard D. Barber, Judge.

George E. Price, argued the cause and filed the brief for appellant.

Philip Schradle, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Attorney General, and Virginia L. Linder, Solicitor General, Salem.

Before Warden, Presiding Judge, and Van Hoomissen and Graber, Judges.


PER CURIAM

Appeal dismissed.


Petitioner appeals the dismissal of his petition for a writ of habeas corpus. At oral argument, petitioner's counsel advised us that petitioner is no longer in defendant's custody. Given that fact, any order requiring defendant to deliver petitioner to the court or release him would be futile. This appeal, therefore, must be dismissed. Rahm v. Keeney, 83 Or. App. 266, 730 P.2d 1297 (1986).

Appeal dismissed.


Summaries of

Tellone v. Maass

Oregon Court of Appeals
Apr 13, 1988
752 P.2d 354 (Or. Ct. App. 1988)
Case details for

Tellone v. Maass

Case Details

Full title:In the Matter of the Application of John Joseph Tellone for a Writ of…

Court:Oregon Court of Appeals

Date published: Apr 13, 1988

Citations

752 P.2d 354 (Or. Ct. App. 1988)
752 P.2d 354