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30 Or. App. 647

Brown v. Cupp

Court of Appeals of Oregon

Decided August 17, 1977

Court of Appeals of Oregon · decided 1977-08-17

Decided 1977-08-17

PER CURIAM.

¶1In this habeas corpus proceeding, plaintiff, a prisoner in the Oregon State Penitentiary, appeals from the trial court’s finding that he was not mentally ill and therefore was not being denied adequate medical care for his mental illness.

¶2Contrary to plaintiffs contention, the testimony of the prison psychiatrist that the defendant was not mentally ill and did not need psychiatric care is sufficient to support a finding of fact not subject to being disturbed on review. Ball v. Gladden, 250 Or 485, 443 P2d 621 (1968).1

¶3Affirmed.

¶4The issue raised by the state in Penrod v. Cupp, 30 Or App 371, 567 P2d 563 (1977), is not raised here.

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