1. Home
  2. Browse Decisions
  3. P.2d
  4. 953 P.2d
  5. 953 P.2d 428 (1998)
 

WAGY v. ARMENAKIS

96C-11180; CA A94524.

953 P.2d 428 (1998)

152 Or. App. 210

Steven R. WAGY, Appellant, v. Nicholas ARMENAKIS, Superintendent, Oregon State Correctional Institution, Larry Daniels, Institution Based Records Office, Dianne Middle, Oregon Board of Parole and Post-Prison Supervision, Respondents.

Court of Appeals of Oregon.

Decided January 21, 1998.

Attorney(s) appearing for the Case

Lester E. Seto, Salem, argued the cause and filed the brief for appellant.

Robert E. Sabido, Assistant Attorney General, argued the cause for respondents. With him on the brief were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

Before De MUNIZ, P.J, DEITS, C.J., and HASELTON, J.

HASELTON, Judge.

Plaintiff appeals from a judgment under ORS 34.700, dismissing a writ of habeas corpus on the ground that plaintiff's petition was barred by claim preclusion1 and awarding defendants attorney fees of $100 pursuant to ORS 34.370(2)(b)(A). We affirm the dismissal but reverse the award of attorney fees, because ORS 34.370(2)(b)(A) does not authorize an award of attorney fees where dismissal occurs after a writ of habeas...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases