Who may not prosecute writ
A person may not prosecute a writ of habeas corpus if:
(1) The person is imprisoned or restrained by virtue of process issued by a court of the United States, or a judge, commissioner or other officer thereof, in cases where such courts, or judges or officers thereof, have exclusive jurisdiction under the laws of the United States, or have acquired exclusive jurisdiction by the commencement of actions, suits or other proceedings in such court, or before such commissioner or other officer.
(2) The person is imprisoned or restrained by virtue of the judgment of a competent tribunal of civil or criminal jurisdiction, or by virtue of an execution issued upon such judgment.
(3) Except as provided in ORS 138.530 (When relief must be granted), the person is eligible to obtain post-conviction relief pursuant to ORS 138.510 (Persons who may file petition for relief) to 138.680 (Short title).
(4) The person is eligible to seek judicial review of a final order of the State Board of Parole and Post-Prison Supervision under ORS 144.335 (Appeal from order of board to Court of Appeals) but the person fails to seek judicial review of the order in a timely manner.
(5) The person seeks judicial review of a final order of the board under ORS 144.335 (Appeal from order of board to Court of Appeals) but the Court of Appeals:
(a) Summarily affirms the order of the board on the grounds that the person failed to present a substantial question of law;
(b) Otherwise disposes of the judicial review on the merits of the petitioner’s issues on judicial review; or
(c) Dismisses the judicial review because of a procedural defect. [Amended by 1959 c.636 §22; 2001 c.661 §2; 2003 c.576 §311; 2007 c.411 §2]
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.