Klinefelter v. Maass

Plaintiff is incarcerated in the Oregon State Penitentiary (OSP). He petitioned for a writ of habeas corpus, and a writ was issued. The court granted defendant’s motion to strike plaintiffs second amended replication and dismissed the writ. We conclude that the pleadings raise material issues of fact. Accordingly, we reverse and remand.

ORCP governs pleadings in habeas corpus, except as provided in ORS 34.310 to ORS 34.370. Bedell v. Schiedler, 307 Or 562, 565, 770 P2d 909 (1989). Plaintiff is entitled to a summary hearing on the merits of his second amended replication, unless the pleadings…