2017 ORS 34.700¹
Judgment
  • liability for obedience to judgment
  • payment of attorney fees

(1) If it appears that the party detained is imprisoned or restrained illegally, judgment shall be given that the party be discharged forthwith; otherwise, judgment shall be given that the proceeding be dismissed and the party remanded. No officer or other person is liable to any action or proceeding for obeying such judgment of discharge.

(2) The court shall include in the judgment an order that the defendant pay the attorney fees incurred by the petition, not to exceed $100, if:

(a) The court enters a judgment requiring that the plaintiff be discharged; and

(b) The court finds that the allegations or defenses in the return were frivolous. [Amended by 1995 c.657 §9; 1999 c.114 §6]

Notes of Decisions

Peti­tion for writ did not allege type of harm redressable by habeas corpus relief and should have been dismissed on that basis. Miller v. Maass, 95 Or App 445, 769 P2d 788 (1989)

State Board of Parole and Post-Prison Supervision issuance of superseding release date order constitutes change in circumstances rendering challenge to earlier board order moot. Jones v. Thompson, 156 Or App 226, 968 P2d 380 (1998), 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.