Brown v. Palmateer
This text of 56 P.3d 430 (Brown v. Palmateer) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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.
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Cite This Page — Counsel Stack
56 P.3d 430, 184 Or. App. 388, 2002 Ore. App. LEXIS 1616, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-palmateer-orctapp-2002.