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RIVAS v. PERSSON

11C19664; A149716.

304 P.3d 765 (2013)

256 Or. App. 829

Pepe Glenn RIVAS, Plaintiff-Appellant, v. Rob PERSSON, Superintendent, Oregon State Correctional Institution, Defendant-Respondent.

Court of Appeals of Oregon.

Decided May 30, 2013.

Attorney(s) appearing for the Case

Ryan T. O'Connor argued the cause and filed the reply brief for appellant. Pepe Glenn Rivas filed the opening brief pro se.

Jamie K. Contreras , Assistant Attorney-in-Charge, argued the cause for respondent. With her on the brief were Mary H. Williams , Attorney General, and Anna M. Joyce , Solicitor General.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and HADLOCK, Judge.

HADLOCK, 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 plaintiff's 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...

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