Legal Opinion

Mecham v. Hill

Court of Appeals of Oregon

Decided December 19, 2007No. 05104743M; A131385PublishedCited by 1 opinion

1Opinion of the CourtSercombe, J.

Plaintiff appeals a judgment dismissing a writ of habeas corpus as moot because he had been released from prison during the proceedings. That judgment is inconsistent with our decision in Baty v. Slater, 161 Or App 653, 984 P2d 342 (1999), adh’d to on recons, 164 Or App 779, 995 P2d 1176, rev den, 331 Or 191 (2000). In Baty, we held that a petition for a writ of habeas corpus was not rendered moot by a plaintiffs release from imprisonment because adjudication of the controversy would affect the expiration date of his post-prison supervision term. We decline the state’s invitation to overrule…

2Cases cited7 opinions

  1. Nissel v. PearceOregon Supreme Court · 1988
  2. Baty v. SlaterCourt of Appeals of Oregon · 1999
  3. Baty v. SlaterCourt of Appeals of Oregon · 2000
  4. State Ex Rel. Curry v. ThompsonCourt of Appeals of Oregon · 1998
  5. State v. JonesCourt of Appeals of Oregon · 1992

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3Cited by1 opinion

  1. State ex rel Torres-Lopez v. FahrionCourt of Appeals of Oregon · 2024

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