Opinion

Merrill v. Johnson

  • 155 Or. App. 295
  • 964 P.2d 284
  • 1998 Ore. App. LEXIS 1263
Court
Court of Appeals of Oregon
Filed
Jul 22, 1998
Status
Published
On the bench
Armstrong, Edmonds, Warren, Wollheim
Cited by
41 cases
Authority
More cited than 95.6%

holding that, under the 1991 version of the statute, which is identical to the 1983 version, the board is responsible for determining whether an inmate’s release should be deferred

How later courts described this case

  • holding that, under the 1991 version of the statute, which is identical to the 1983 version, the board is responsible for determining whether an inmate’s release should be deferred
  • statutory term “severe emotional disturbance” is a legal, not a psychiatric or psychological term
  • so holding with respect to the words “severe emotional disturbance”
  • affirming dismissal of a habeas petition where petitioner was diagnosed with a personality disorder

Written by the judges who cited it.

The opinion

PER CURIAM

Plaintiff, an inmate at the Snake River Correctional Institution, appeals the denial of his petition for a writ of habeas corpus. The issue that plaintiff raises is the same as the issue decided by this court in Weidner v. Armenakis, 154 Or App 12 , 959 P2d 623 (1998), withdrawn by order July 17, 1998. On remand from the Supreme Court, we have withdrawn the opinion in Weidner because the case became moot while the appeal was pending. We now readopt and reaffirm our reasoning in Weidner and therefore affirm the trial court’s denial of petitioner’s petition for a writ of habeas corpus.

Affirmed.

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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