FORT v. PERSSON

14C23443; A158533.

364 P.3d 357 (2015)

275 Or. App. 573

Robert Earl FORT, Plaintiff-Appellant, v. Rob PERSSON, Superintendent, Oregon State Correctional Institution, Defendant-Respondent.

Court of Appeals of Oregon.

Decided December 16, 2015.


Attorney(s) appearing for the Case

Ryan T. O'Connor and O'Connor Weber LLP filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Paul L. Smith , Deputy Solicitor General, and Jonathan N. Schildt , Assistant Attorney General, filed the brief for respondent.

Before DUNCAN, Presiding Judge, and DeVORE, Judge, and FLYNN, Judge.


The trial court, on its own motion, dismissed plaintiff's habeas corpus petition on the ground that similar claims had been adjudicated in plaintiff's five previous habeas cases. Plaintiff appeals the judgment of dismissal, arguing that the trial court erred in giving preclusive effect to the judgments in the earlier cases. Defendant concedes...

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