Erskine v. Premo

Plaintiff appeals the trial court’s judgment dismissing his petition for a writ of habeas corpus. The trial court dismissed the case on its own motion, explaining that plaintiff’s allegations were “similar—if not identical—to those he raised” in a prior habeas corpus petition. Thus, the court concluded, plaintiffs petition was subject to dismissal because, “[o]nce an issue has been finally determined in a habeas corpus proceeding, it cannot be reexamined in another habeas corpus proceeding.” See ORS 34.710 (“No question once finally determined upon a proceeding by habeas corpus shall be…