Payton v. Thompson

As in Jones v. Thompson, 156 Or App 226, 968 P2d 380 (1998), the majority fails to understand or apply the collateral consequences aspect of the mootness doctrine. As a result, it incorrectly affirms the trial court’s dismissal of plaintiffs habeas corpus petition. Plaintiffs current incarceration is a collateral consequence of the 1994 order of the Board of Parole and Post-Prison Supervision, the order whose validity he attacks in his petition. Whether he filed his petition while the 1994 order was in effect or at some later date, that order remains the foundation of his current…