Legal Opinion

McGee v. Johnson

Court of Appeals of Oregon

Decided July 7, 1999No. 95-08-27505M; CA A90936PublishedCited by 7 opinions

1Opinion of the CourtLandau, P. J.

At issue in this case is whether a trial court properly may dismiss a petition for a writ of habeas corpus on the ground that the court loses jurisdiction when a plaintiff is transferred to a corrections facility located in another county. We conclude that the change in physical location of a habeas plaintiff does not divest the trial court of jurisdiction over the matter.

Plaintiff was in the custody of the Snake River Correctional Institution (SRCI), located in Malheur County. He filed a petition for a writ of habeas corpus in Malheur County Circuit Court, alleging that SRCI staff unlawfully…

2Cases cited2 opinions

  1. Anderson v. BrittonOregon Supreme Court · 1957
  2. Clemman v. WrightCourt of Appeals of Oregon · 1991

3Cited by7 opinions

  1. Gordon v. HillCourt of Appeals of Oregon · 2003
  2. Keenan v. HallCourt of Appeals of Oregon · 2005
  3. McGee v. BaldwinCourt of Appeals of Oregon · 2002
  4. Butler v. RussellCourt of Appeals of Oregon · 2005
  5. Davis v. SettleNebraska Supreme Court · 2003

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