JENKINS v. AMSBERRY

A164513.

404 P.3d 1150 (2017)

288 Or.App. 693

Michael W. JENKINS, Plaintiff-Appellant, v. Brigitte AMSBERRY, Superintendent, Two Rivers Correctional Institution, Defendant-Respondent.

Court of Appeals of Oregon.

November 1, 2017.


Attorney(s) appearing for the Case

Jed Peterson filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Dustin Buehler , Assistant Attorney General, filed the brief for respondent.

Before Armstrong, Presiding Judge, and Tookey, Judge, and Shorr, Judge.


Petitioner appeals a judgment dismissing his petition for a writ of habeas corpus. The trial court dismissed the petition on the ground that the claim that petitioner asserted had been resolved against him in a prior appeal. ORS 34.330(5)(b) (prohibiting habeas corpus relief where a petitioner "seeks judicial review of a final order of the...

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