APPLICATION OF CARDEN

SC 28011.

635 P.2d 341 (1981)

291 Or. 515

In the matter of the APPLICATION OF Allen Isaac CARDEN for a Writ of Habeas Corpus. Allen Isaac Carden, Plaintiff, v. Warren Barnes, Sheriff of Washington County, Oregon, Defendant.

Supreme Court of Oregon.

Decided August 26, 1981.


Attorney(s) appearing for the Case

Mark Griffin, Hillsboro, argued the cause for plaintiff.

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause for defendant. With him on memorandum were Dave Frohnmeyer, Atty. Gen., and William F. Gary, Sol. Gen.

Before DENECKE, C.J., and LENT, LINDE, PETERSON and CAMPBELL, JJ.


CAMPBELL, Justice.

This is an original habeas corpus proceeding filed in this court by the plaintiff, an inmate of the Washington County jail, seeking his release from the custody of defendant, the Sheriff of Washington County.

Plaintiff contends that Oregon law requires a judge or magistrate to make a release decision pending determination of a challenge to the validity of an extradition warrant, and that he has been wrongfully remanded to defendant's custody...

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