Opinion

Brown v. Palmateer

  • 184 Or. App. 388
  • 56 P.3d 430
  • 2002 Ore. App. LEXIS 1616
Court
Court of Appeals of Oregon
Filed
Oct 16, 2002
Status
Published
On the bench
Haselton, Linder, Wollheim
Cited by
0 cases
Authority
More cited than 17.2%

The opinion

PER CURIAM

Plaintiff appeals the trial court’s sua sponte dismissal of his petition for a writ of habeas corpus. ORS 34.370(6). The trial court dismissed the petition after it took judicial notice of a different petition for a writ of habeas corpus that plaintiff had filed against defendant. To dismiss a petition for writ of habeas corpus, the trial court is limited to considering the content of the petition. Jones v. Armenakis, 146 Or App 198, 200 , 932 P2d 99 (1997). Defendant concedes that the trial court erred in dismissing the petition sua sponte. We accept defendant’s concession.

Reversed and remanded.

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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