Barrett v. Peters

Summarized by:

  • Court: Oregon Supreme Court
  • Area(s) of Law: Habeas Corpus
  • Date Filed: 10-20-2016
  • Case #: S063743
  • Judge(s)/Court Below: Walters, J.; for the Court; En Banc.
  • Full Text Opinion

Under the Interstate Corrections Compact, ORS 421.245, Article IV, Section 5, an inmate may bring a pettion of habeas corpus in Oregon if he is confined in another state, and a receiving state under the ICC shall not deprive any inmate so confined of any legal rights which inmate would have had if confined Oregon.

The State sought review of the Oregon Court of Appeals determination that entitled Inmate (Petitioner) to seek a writ of habeas corpus under ORS 34.310. On appeal, State argued that an inmate must be confined within Oregon’s geographic boundaries for an inmate to qualify for habeas relief. Inmate argued that Interstate Corrections Compact (ICC), ORS 421.245, supplemented ORS 34.310, and permitted out of state prisoners to challenge the terms of their confinement by means of a habeas corpus proceeding. Under the ICC, and Article IV, Section 5, an inmate may bring a pettion of habeas corpus in Oregon if he is confined in another state, and a receiving state under the ICC shall not deprive any inmate so confined of any legal rights which inmate would have had if confined Oregon. Therefore, the Court held that Inmate’s transfer and confinement in Florida did not prohibit him from petitioning for a writ of habeas corpus. Affirmed.

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