Legal Opinion

Barrett v. Belleque

Oregon Supreme Court

Decided February 7, 2008No. CC 05C11516; CA A127929; SC S054622PublishedCited by 38 opinions

1Opinion of the CourtBalmer, J.

While serving a prison term in Oregon, petitioner filed a petition for a writ of habeas corpus claiming that he was entitled to a hearing before prison officials removed him from the general prison population and placed him in the prison’s intensive management rmit (IMU). The trial court dismissed the petition for failure to state a claim. The Court of Appeals affirmed on different grounds, holding that, because petitioner could have challenged the state’s placement of him in IMU without a hearing under 42 USC section 1983, that alternative remedy foreclosed habeas relief. Barrett v.…

2Cases cited37 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Sandin v. ConnerSupreme Court of the United States · 1995
  3. Hewitt v. HelmsSupreme Court of the United States · 1983
  4. Wilkinson v. AustinSupreme Court of the United States · 2005
  5. Penrod v. CuppOregon Supreme Court · 1978

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3Cited by38 opinions

  1. Alexander Hebrard v. Jeremy NofzigerCourt of Appeals for the Ninth Circuit · 2024
  2. State v. JonesCourt of Appeals of Oregon · 2008
  3. State v. ProphetCourt of Appeals of Oregon · 2022
  4. State v. BergCourt of Appeals of Oregon · 2008
  5. State v. FloresCourt of Appeals of Oregon · 2013

33 more not listed; retrieve them via the Exa API.

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