2017 ORS 34.610¹
Grounds for discharge of prisoner in custody under order or civil process

If it appears on the return that the prisoner is in custody by virtue of an order or civil process of any court legally constituted, or issued by an officer in the course of judicial proceedings before the officer, authorized by law, such prisoner shall be discharged only if one of the following cases exists:

(1) The jurisdiction of the court or officer has been exceeded, either as to matter, place, sum or person.

(2) The original imprisonment was lawful, yet by some act, omission or event which has taken place afterwards, the party has become entitled to be discharged.

(3) The order or process is defective in some matter of substance required by law, rendering the same void.

(4) The order or process, though in proper form, has been issued in a case not allowed by law.

(5) The person having the custody of the prisoner under such order or process is not the person empowered by law to detain the prisoner.

(6) The order or process is not authorized by any judgment of any court, nor by any provision of law. [Amended by 2003 c.576 §315]

Notes of Decisions

Peti­tioner was not entitled to release through writ of habeas corpus where facts did not show that fair trial was no longer possible so as to entitle her to dismissal of pros­e­cu­­tion under [former] ORS 135.747 or that trial court had not properly found that proof or presump­tion of guilt was evident or strong under ORS 135.240 (Releasable offenses). Haynes v. Burks, 290 Or 75, 619 P2d 632 (1980)

If other require­ments for habeas corpus relief are met, subconstitu­tional viola­tion may support claim that continued im­pris­on­­ment of inmate is unlawful. Colby v. Thompson, 183 Or App 311, 52 P3d 1058 (2002), Sup Ct review denied

Notes of Decisions

Availability of relief under writ of habeas corpus is not defeated by transfer of custody from one correc­tional facility to an­oth­er while matter is pending. Clemman v. Wright, 109 Or App 325, 819 P2d 327 (1991); McGee v. Johnson, 161 Or App 384, 984 P2d 341 (1999)

Law Review Cita­tions

14 WLJ 55 (1977)

1 Legislative Counsel Committee, CHAPTER 34—Writs, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors034.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 34, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano034.­html (2017) (last ac­cessed Mar. 30, 2018).
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.