Opinion

Brown v. Highberger

  • 332 Or. App. 767
Court
Court of Appeals of Oregon
Filed
May 30, 2024
Status
Unpublished
On the bench
Lagesen
Cited by
0 cases
Authority
More cited than 30.8%

deciding matter submitted through Balfour process by two-judge panel

How later courts described this case

  • deciding matter submitted through Balfour process by two-judge panel

Written by the judges who cited it.

The opinion

No. 351 May 30, 2024 767

This is a nonprecedential memorandum opinion

pursuant to ORAP 10.30 and may not be cited

except as provided in ORAP 10.30(1).

IN THE COURT OF APPEALS OF THE

STATE OF OREGON

STEPHEN LEE BROWN,

Plaintiff-Appellant,

v.

Joshua HIGHBERGER,

Superintendent,

Oregon State Correctional Institution,

Defendant-Respondent.

Marion County Circuit Court

22CV01974; A181641

David E. Leith, Judge.

Submitted April 16, 2024.

Jason Weber and Equal Justice Law filed the brief for

appellant.

Jona J. Maukonen, Assistant Attorney General, waived

appearance for respondent.

Before Lagesen, Chief Judge, and Egan, Judge.

LAGESEN, C. J.

Affirmed.

768 Brown v. Highberger

LAGESEN, C. J.

Plaintiff appeals from a judgment denying habeas

corpus relief. His appointed counsel filed a brief pursuant to

ORAP 5.90 and State v. Balfour, 311 Or 434, 814 P2d 1069

(1991). The brief does not contain a Section B. See ORAP

5.90(1)(b). We affirm.1

Plaintiff is an adult in custody. Plaintiff was found

to be in possession of forged documents and disciplined.

In his replication, plaintiff argued that he was disciplined

in retaliation for filing grievances and complaints against

prison officials and that his First Amendment rights were

violated. After an evidentiary hearing, the trial court

entered its judgment denying relief. The trial court found

that the issue was moot because plaintiff had completed the

sanction, and, on the merits, that there had been no vio-

lation of plaintiff’s First Amendment rights or retaliation

against him for engaging in protected speech.

Having reviewed the record, including the trial

court file and the transcript of the hearings, and having

reviewed the Balfour brief, we have identified no arguably

meritorious issues.

Affirmed.

1

As authorized by ORS 2.570(2)(b), this matter is determined by a two-judge

panel. See, e.g., State v. Yother, 310 Or App 563, 484 P3d 1098 (2021) (deciding

matter submitted through Balfour process by two-judge panel); Ballinger v.

Nooth, 254 Or App 402, 295 P3d 115 (2012), rev den, 353 Or 747 (2013) (same).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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