HOLCOMB v. SUNDERLAND

SC S42212.

894 P.2d 457 (1995)

321 Or. 99

In the Matter of the Application of Marc Mealey Holcomb for a Writ of Habeas Corpus. Marc Mealey HOLCOMB, Plaintiff, v. Benjamin SUNDERLAND, Director of the Lane County Corrections Division of the Public Safety Department of Lane County, Oregon, and Robert McManus, Sheriff of Lane County, Defendants.

Supreme Court of Oregon, In Banc.

Decided May 12, 1995.


Attorney(s) appearing for the Case

William P. Ray, Eugene, filed the petition and response memorandum on behalf of plaintiff.

David B. Williams, Asst. County Counsel, Lane County Office of Legal Counsel, Eugene, filed a response memorandum on behalf of defendants.

Timothy A. Sylwester, Asst. Atty. Gen., Salem, filed a response memorandum on behalf of amicus curiae State of Oregon. With him on the response were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.


UNIS, Justice.

On April 18, 1995, plaintiff petitioned this court for a writ of habeas corpus, asserting that he is entitled to be released from the Lane County jail, where he is serving 90 days pursuant to a judgment of the circuit court on a plea of guilty to the crime of assault in the fourth degree. That judgment placed him on probation to the court for five years and ordered, as a condition of that probation, that plaintiff serve 90 days in the Lane County jail...

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