Feller v. Wright

In this habeas corpus proceeding, we reversed the trial court’s judgment of dismissal after it had granted defendant’s ORCP 21A motion to dismiss. We did so because of the Supreme Court’s admonition in Bedell v. Schiedler, 307 Or 560, 562, 770 P2d 909 P2d (1989), that “any motion practice other than an ORS 34.680 motion to strike is inappropriate in habeas corpus actions * *

While this case was pending in the Supreme Court, that court decided in Lane v. Maass, 309 Or 671, 790 P2d 1137 (1990), that a motion to dismiss pursuant to ORCP 21A is the functional equivalent of a pre-ORCP demurrer and…