Rose v. Cupp

As I understand the rationale of the majority opinion, petitioner is being denied relief for two rea*359sons: First, because habeas corpus does not lie, and, second, because after petitioner’s case was heard in the trial court, and while his appeal was pending in this court, the Oregon. civil death statute was repealed, thus affording petitioner a remedy, namely, by filing a new suit for injunctive relief against the threatened illegal removal to North Carolina.

I cannot agree with the majority’s conclusion for two reasons.

First, although petitioner’s allegations regarding his removal to Alabama…