Penrod v. Cupp

*23LINDE, J.

Petitioners, inmates of the Oregon State Penitentiary, appealed to the Court of Appeals from the dismissal by the Marion County Circuit Court of their petitions for writs of habeas corpus, which alleged various deprivations and mistreatment claimed to violate the petitioners’ constitutional rights. The Court of Appeals affirmed the dismissals without reaching the merits, accepting defendant’s argument that the circuit court "did not have jurisdiction” to decide on the petitions for habeas corpus because the statutory abolition of "civil death” gave convicted prisoners recourse to…