Brown v. Thompson 332 Or. 57, 22 P.3d 766

On joint petition for reconsideration filed February 27,*

joint petition for reconsideration allowed, and appellate judgment recalled; order denying review vacated and petition for review allowed; decision of Court of Appeals reversed and case remanded to Court of Appeals for further consideration May 4, 2001

GILBERT C. BROWN, Petitioner on Review, v. S. Frank THOMPSON, Superintendent, Oregon State Penitentiary, Respondent on Review.

(CC 96C13583; CA A100035; SC S45957)

22 P3d 766

Harrison Latto, Portland, filed the petition for petitioner on review.

Timothy A. Sylwester, Assistant Attorney General, Salem, filed the motion to recall the appellate judgment and to reconsider the order denying the petition for review. With him on the motion were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Anthony D. Bomstein, Assistant Federal Public Defender, Portland, filed the joint petition for reconsideration.

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