Jones v. Armenakis

Defendant has petitioned for reconsideration of our opinion, 144 Or App 23, 925 P2d 130 (1996). We allow the petition.

Defendant argues that our opinion suggests that reliance on rules and statutes, beyond those specified in a petition for writ of habeas corpus, amounts to an impermissible reliance on “extrinsic evidentiary materials” not properly within the purview of the trial or appellate court. See id. at 26-27. We do not quarrel with defendant’s contention that legal arguments are not “extrinsic evidence,” and, insofar as our opinion suggests that a habeas corpus court or an appellant…