Owens v. Pearce

Court of Appeals of Oregon

Owens v. Pearce

823 P.2d 1039, 111 Or. App. 377, 1992 Ore. App. LEXIS 385

CourtCourt of Appeals of Oregon

DecidedFebruary 12, 1992

Docket90-C-12418; CA A68928

StatusPublished

This text of 823 P.2d 1039 (Owens v. Pearce) 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.

Bluebook

Owens v. Pearce, 823 P.2d 1039, 111 Or. App. 377, 1992 Ore. App. LEXIS 385 (Or. Ct. App. 1992).

Pincite

Opinion

PER CURIAM

In this habeas corpus action, defendant concedes that the trial court erred in making, without a trial, findings of fact that conflict with the replication filed by plaintiff, in granting defendant’s motion to strike and in entering final judgment for defendant. The return and the replication show a factual dispute that is material to the existence of a constitutional violation. Plaintiff alleges facts that, if true, constitute a denial of his constitutional rights that requires immediate judicial scrutiny and for which there is no other available adequate remedy.

Reversed and remanded for a new trial.

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PER CURIAM

In this habeas corpus action, defendant concedes that the trial court erred in making, without a trial, findings of fact that conflict with the replication filed by plaintiff, in granting defendant’s motion to strike and in entering final judgment for defendant. The return and the replication show a factual dispute that is material to the existence of a constitutional violation. Plaintiff alleges facts that, if true, constitute a denial of his constitutional rights that requires immediate judicial scrutiny and for which there is no other available adequate remedy.

Reversed and remanded for a new trial.

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Bluebook (online)

823 P.2d 1039, 111 Or. App. 377, 1992 Ore. App. LEXIS 385, Counsel Stack Legal Research, https://law.counselstack.com/opinion/owens-v-pearce-orctapp-1992.