Paul R. Bailleaux v. Hoyt C. Cupp, Superintendent, Oregon State Penitentiary

Appellant appeals from an order of the district court denying, without a hearing, his petition for a writ of habeas corpus.

BACKGROUND

Appellant while serving a life sentence in the Oregon State Penitentiary pursuant to a judgment imposed in 1970, instituted in the state court a habeas corpus proceeding contending that he was unlawfully deprived of the status of a parolee by the Oregon State Board of Parole and Probation.

Following a full-fledged hearing at which appellant, all members of the Board of Parole and Probation, and other witnesses testified, the state trial court entered its detailed findings of fact, which we quote in full in the footnote. Upon entry of judgment by the state trial court on these findings, appeal was taken to the Court of Appeals of the State of Oregon, Bailleaux v. Cupp, 16 Or.App. 573 , 520 P.2d 483 (1974), where he contended that the order of the Board of Parole of November 22, 1972, cancelling a previous order of October 25,1972, constituted a revocation of parole and thus, under the rule of Morrissey v. Brewer, 408 U.S. 471 , 92 S.Ct. 2593 , 33 L.Ed.2d 484 (1972), he was entitled to the hearing procedures mandated by that opinion in…