Smith v. Premo

Plaintiff appeals the trial court’s judgment dismissing his 2015 petition for a writ of habeas corpus. Plaintiff previously petitioned for a writ of habeas corpus in 2013, and the trial court dismissed that petition without prejudice for failure to state a claim. The trial court dismissed plaintiffs 2015 petition on its own motion, concluding that plaintiffs claims were “duplicative of* * * claim [s] previously considered and dismissed by this court” in the 2013 petition. See ORS 34.710 (“No question once finally determined upon a proceeding by habeas corpus shall be reexamined upon another…