FILED: November 13, 2002

JAMES ARNESS KELLER,

Appellant,

v.

JOAN PALMATEER,
Superintendent,
Oregon State Penitentiary,

Respondent.

Appeal from Circuit Court, Marion County.

Jamese L. Rhoades, Judge.

Argued and submitted October 11, 2002.

Steven H. Gorham argued the cause and filed the brief for appellant.

Kaye Ellen McDonald, Assistant Attorney General, argued the cause for respondent. On the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General, and Timothy A. Sylwester, Assistant Attorney General.

Before Edmonds, Presiding Judge, and Kistler and Schuman, Judges.

PER CURIAM