- Court: Oregon Court of Appeals
- Area(s) of Law: Habeas Corpus
- Date Filed: 10-07-2015
- Case #: A156271
- Judge(s)/Court Below: Lagesen, J. for the Court; Duncan, P.J.; & Wollheim, S.J.
- Full Text Opinion
Plaintiff appealed the trial court’s judgment dismissing his petition for a writ of habeas corpus. Plaintiff is an inmate under the legal custody of the State of Oregon but is incarcerated in the State of Florida pursuant to the Interstate Corrections Compact (ICC). Plaintiff petitioned for habeas corpus relief, alleging that he is being denied the “rehabilitative treatment” guaranteed by the U.S. Constitution and the Oregon Constitution. The trial court dismissed the petition, finding that Plaintiff’s incarceration in Florida precluded habeas corpus relief in Oregon because Oregon did not have actual, physical custody over Plaintiff. On review, the Court concluded that despite Plaintiff’s physical incarceration in Florida, Plaintiff retains the right to seek habeas corpus relief in Oregon. Accordingly, the Court determined that the trial court erred in dismissing the petition. Reversed and remanded.