Legal Opinion

Rivas v. Persson

Court of Appeals of Oregon

Decided May 30, 2013No. 11C19664; A149716PublishedCited by 6 opinions

1Opinion of the CourtHadlock, J.

Plaintiff petitioned for a writ of habeas corpus, asserting that the Board of Parole and Post-Prison Supervision had failed to fully credit him for time served following his arrest. The trial court denied the petition under ORS 34.370(2)(b)(A) after concluding that plaintiffs remedy properly lies in post-conviction relief and, alternatively, that the petition was barred by issue preclusion. Plaintiff appeals, challenging both of the grounds on which the trial court denied his petition. We conclude that plaintiffs appeal is moot because the board has since granted the only relief to which…

2Cases cited6 opinions

  1. Hamel v. JohnsonOregon Supreme Court · 2000
  2. Janowski v. Board of Parole & Post-Prison SupervisionOregon Supreme Court · 2010
  3. Billings v. GatesOregon Supreme Court · 1996
  4. Billings v. GatesCourt of Appeals of Oregon · 1995
  5. Hamel v. JohnsonCourt of Appeals of Oregon · 1999

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3Cited by6 opinions

  1. Jones v. Board of Parole & Post-Prison SupervisionCourt of Appeals of Oregon · 2017
  2. Porter v. Board of Parole & Post-Prison SupervisionCourt of Appeals of Oregon · 2016
  3. Atkinson v. Board of Parole & Post-Prison SupervisionCourt of Appeals of Oregon · 2016
  4. Miller v. Board of Parole & Post-Prison SupervisionCourt of Appeals of Oregon · 2014
  5. Rankin v. LandersCourt of Appeals of Oregon · 2022

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