Writs

ORS 34.710
Appeal

  • conclusiveness of judgment


Any party to a proceeding by habeas corpus, including the state when the district attorney appears therein, may appeal from the judgment of the court refusing to allow such writ or any judgment therein, in like manner and with like effect as in an action. No question once finally determined upon a proceeding by habeas corpus shall be reexamined upon another proceeding of the same kind. [Amended by 2003 c.576 §235; 2015 c.212 §15]

Notes of Decisions

Where judgment indicates clear intent to reject plaintiff's claims, trial court need not use any particular words to render judgment in habeas corpus case appealable. Lovelace v. Morrow, 186 Or App 719, 64 P3d 1201 (2003), Sup Ct review denied

§§ 34.310 to 34.730

Notes of Decisions

Availability of relief under writ of habeas corpus is not defeated by transfer of custody from one correctional facility to another while matter is pending. Clemman v. Wright, 109 Or App 325, 819 P2d 327 (1991); McGee v. Johnson, 161 Or App 384, 984 P2d 341 (1999)

Law Review Citations

14 WLJ 55 (1977)


Source

Last accessed
Jun. 26, 2021