Filed: February 8, 2001

IN THE SUPREME COURT OF THE STATE OF OREGON

GILBERT CLARENCE BROWN,

Petitioner on Review,

v.

MITCH MORROW,
Acting Superintendent,
Oregon State Penitentiary,

Respondent on Review.

(CC 98C-15899; CA A104218; SC S48067)

On petition for review filed December 5, 2000.*

John E. Storkel, Salem, filed the petition for petitioner on review.

Kelly Knivila, Assistant Attorney General, Salem, filed the motion to dismiss for respondent on review. With her on the motion were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before Carson, Chief Justice, and Gillette, Durham, Kulongoski, Leeson, and Riggs Justices.**

MEMORANDUM OPINION

The petition for review is allowed. The decision of the Court of Appeals is vacated. The case is remanded to the Court of Appeals for further consideration in light of Hamel v. Johnson, 330 Or 180, 998 P2d 661 (2000).

*Review of Order of Dismissal dated March 15, 2000, on appeal from Marion County Circuit Court.

**Van Hoomissen, J., retired on December 31, 2000, and did not participate in the decision of this case. DeMuniz, J., did not participate in the consideration or decision of this case.


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