Legal Opinion

Application of Roberts

Oregon Supreme Court

Decided May 19, 1981No. SC 27603PublishedCited by 6 opinions

1Opinion of the Court

*23TANZER, J.

This is an original proceeding in habeas corpus. On the merits, we ordered plaintiff, a juvenile, released because his detention was unlawful for lack of a judicial determination of probable cause to believe that he did acts which would bring him within the jurisdiction of the juvenile court. Roberts v. Mills, 290 Or 441, 622 P2d 1094 (1981). This opinion deals with plaintiffs petition for attorney fees.

In the absence of statutory authorization, attorneys in habeas corpus cases are not entitled to compensation. Penrod v. Cupp, 284 Or 417, 587 P2d 96 (1978). Cf. United States v.…

2Cases cited8 opinions

  1. Monroe v. PapeSupreme Court of the United States · 1961
  2. Terry v. KolskiWisconsin Supreme Court · 1977
  3. Southeast Legal Defense Group v. AdamsDistrict Court, D. Oregon · 1977
  4. Application of RobertsOregon Supreme Court · 1981
  5. White v. BealDistrict Court, E.D. Pennsylvania · 1978

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3Cited by6 opinions

  1. Suess Builders Co. v. City of BeavertonOregon Supreme Court · 1982
  2. COUNTY EXEC., PRINCE GEO'S CTY. v. DoeCourt of Appeals of Maryland · 1984
  3. Oregon State Police Officers Ass'n v. StateOregon Supreme Court · 1989
  4. Lofft v. State Board of Higher EducationCourt of Appeals of Oregon · 1988
  5. Application of RobertsOregon Supreme Court · 1981

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