Fort v. Persson

The trial court, on its own motion, dismissed plaintiffs habeas corpus petition on the ground that similar claims had been adjudicated in plaintiffs five previous habeas cases. Plaintiff appeals the judgment of dismissal, arguing that the trial court erred in giving preclusive effect to the judgments in the earlier cases. Defendant concedes the error, and we reverse and remand.

An extended discussion of the background of this case would not benefit the bench, the bar, or the public. In summary, after plaintiff filed the present petition for a writ of habeas corpus, the trial court, on its own…