# Merrill v. Johnson

> Court of Appeals of Oregon · July 22, 1998 · 155 Or. App. 295

URL: https://www.frixlaw.com/law-library/cases/6943347

## Case

- **Full name:** ROBERT G. MERRILL v. Dan JOHNSON, Superintendent, Snake River Correctional Institution
- **Court:** Court of Appeals of Oregon
- **Decided:** July 22, 1998
- **Citations:** 155 Or. App. 295; 964 P.2d 284; 1998 Ore. App. LEXIS 1263
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Armstrong, Edmonds, Warren, Wollheim
- **Cited by:** 41 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6943347

## How later opinions describe it (automated extraction)

- 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
- affirming dismissal of a habeas petition where petitioner was diagnosed with a personality disorder

## Opinion text

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raises is the same as the issue decided by this court in Weidner v. Armenakis, 154 Or App 12 , 959 P2d 623 (1998), withdrawn by order July 17, 1998. On remand from the Supreme Court, we have withdrawn the opinion in Weidner because the case became moot while the appeal was pending.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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6943347. Public record. Not legal advice.