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10 Oregon opinions name it 2 courts 1970–2024 1 in the last five years
The cases below were cited by Oregon courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Barnes v. Thompsongreen2 sentences2006See also Barnes v. Thompson, 159 Or App 383, 387 , 977 P2d 431 (1999) (“[W]e do not believe that the ‘mere possibility’ that the Board might have changed an inmate from active to inactive supervision status and thus relieved the inmate from several conditions of parole is the type of collateral consequence that would prevent a habeas corpus claim that a plaintiff is entitled to immediate release from prison from becoming moot when the plaintiff is released from prison.”). 2006See also Barnes v. Thompson, 159 Or App 383, 387 , 977 P2d 431 (1999) (“[W]e do not believe that the ‘mere possibility’ that the Board might have changed an inmate from active to inactive supervision status and thus relieved the inmate from several conditions of parole is the type of collateral consequence that would prevent a habeas corpus claim that a plaintiff is entitled to immediate release from prison from becoming moot when the plaintiff is released from prison.”). | 1 | 2 |
Merriweather v. Zamoragreen1 sentence2024Instead, plaintiff asserts that the trial court committed legal error by denying relief once it determined that plaintiff’s mail had, in fact, been opened outside of his presence on occasion: “The court’s findings assume plain- tiff’s mail was being opened, which in itself is enough to violate plaintiff’s rights and support a habeas corpus claim.” In support of that argument, plaintiff cites Merriweather v. Zamora, 569 F3d 307, 317 (6th Cir 2009), for the proposition that “merely opening legal mail is sufficient to state a claim for relief, as it implicates the First and Sixth Amendments.” Bec | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Oregon. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Hamel v. Johnson
neutral
2 sentences2014Hamel v. Johnson, 158 Or App 276, 281 , 974 P2d 260 (1999), rev’d, 330 Or 180 (2000). 2014Hamel v. Johnson, 158 Or App 276, 281 , 974 P2d 260 (1999), rev’d, 330 Or 180 (2000). | 1 | 2014–2014 |
Hamel v. Johnson
green
1 sentence2014Hamel v. Johnson, 158 Or App 276, 281 , 974 P2d 260 (1999), rev’d, 330 Or 180 (2000). | 1 | 2014–2014 |
Barrett v. Belleque
green
2 sentences2007In Barrett v. Belleque, 209 Or App 295 , 150 P3d 1064 (2006), we considered that requirement in the context of the trial court’s sua sponte denial of a writ based on the plaintiffs due process challenge to his placement in the Intensive Management Unit (IMU) at Snake River Correctional Institution. 2007In Barrett v. Belleque, 209 Or App 295 , 150 P3d 1064 (2006), we considered that requirement in the context of the trial court’s sua sponte denial of a writ based on the plaintiffs due process challenge to his placement in the Intensive Management Unit (IMU) at Snake River Correctional Institution. | 1 | 2007–2007 |
Penrod v. Cupp
green
1 sentence2007We turn to the second “essential element” for stating a habeas corpus claim — that it “appear [ ] to the court that no other timely remedy is available to the prisoner.” Penrod/Brown, 283 Or at 28 . | 1 | 2007–2007 |
Baty v. Slater
green
1 sentence2006Defendant superintendent also urges this court to dismiss plaintiff’s claim as not justiciable on a different ground, namely that by his release from prison plaintiff lost standing under ORS 34.310 to continue to prosecute his habeas corpus claim, irrespective of whether collateral consequences attached to the 1996 decision of the board to deny parole to plaintiff at that time. 6 We reviewed and rejected a similar argument on reconsideration in Baty. 164 Or App at 782 . | 1 | 2006–2006 |
Bahrenfus v. Bachik
green
2 sentences2002Defendant relies on Bahrenfus v. Bachik, 106 Or App 46 , 806 P2d 170 , rev den 311 Or 643 (1991). 2002Defendant relies on Bahrenfus v. Bachik, 106 Or App 46 , 806 P2d 170 , rev den 311 Or 643 (1991). | 1 | 2002–2002 |
Mueller v. Benning
neutral
2 sentences1992Mueller v. Benning, 103 Or App 649, 650 , 798 P2d 267 (1990). 1992Mueller v. Benning, 103 Or App 649, 650 , 798 P2d 267 (1990). | 1 | 1992–1992 |
Gage v. Maass
green
1 sentence1989In Gage v. Maass, supra, 306 Or at 204 , we underscored the fact that both elements must be present to sustain the deprivation of legal rights type of a habeas corpus claim. | 1 | 1989–1989 |
State ex rel. Roby v. Mason
neutral
2 sentences1981As in State ex rel Roby v. Mason, 284 Or 427 , 587 P2d 94 (1978), we have before us a petition by appointed counsel in a habeas corpus challenge to extradition for an allowance of attorney fees incurred in petitioning this court for review. 1981As in State ex rel Roby v. Mason, 284 Or 427 , 587 P2d 94 (1978), we have before us a petition by appointed counsel in a habeas corpus challenge to extradition for an allowance of attorney fees incurred in petitioning this court for review. | 1 | 1981–1981 |
Scarth v. Scarth
green
2 sentences1970In Scarth v. Scarth, 211 Or 121 , 315 P2d 141 (1957), the court said that under such circumstances there would be serious practical difficulties if the law were that there is a continuing attorney-client relationship. 1970In Scarth v. Scarth, 211 Or 121 , 315 P2d 141 (1957), the court said that under such circumstances there would be serious practical difficulties if the law were that there is a continuing attorney-client relationship. | 1 | 1970–1970 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.