Legal Opinion

Haney v. Schiedler

Court of Appeals of Oregon

Decided October 12, 2005No. CV02-1395; A124188PublishedCited by 4 opinions

1Opinion of the CourtHaselton, P. J.

Defendant appeals from a judgment granting petitioner post-conviction relief on the ground that petitioner’s criminal sentence exceeded that authorized by law. ORS 138.530(1)(c). Defendant contends, in part, that our decision in Stroup v. Hill, 196 Or App 565, 103 P3d 1157 (2004), rev den, 338 Or 432 (2005), which issued after the trial court’s judgment, precludes the allowance of relief pursuant to ORS 138.530(1)(c) in the circumstances presented here. We agree and, consequently, reverse and remand.

The material facts are undisputed. In 2001, petitioner was charged with kidnapping in the…

2Cases cited9 opinions

  1. Ailes v. Portland Meadows, Inc.Oregon Supreme Court · 1991
  2. State v. WyattOregon Supreme Court · 2000
  3. State v. BrownOregon Supreme Court · 1990
  4. State v. JuryCourt of Appeals of Oregon · 2002
  5. Palmer v. State of OregonOregon Supreme Court · 1994

4 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Hale v. BellequeCourt of Appeals of Oregon · 2013
  2. Zsarko v. AngelozziCourt of Appeals of Oregon · 2016
  3. Lewis v. MillerCourt of Appeals of Oregon · 2026
  4. Lewis v. MillerCourt of Appeals of Oregon · 2026

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