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Kirkland v. Zenon

Oregon Court of Appeals
Nov 27, 1991
820 P.2d 1375 (Or. Ct. App. 1991)

Opinion

90-C-12086; CA A68098

Submitted on record and briefs October 30, reversed and remanded November 27, 1991

Appeal from Circuit Court, Marion County.

Richard D. Barber, Judge.

Stephen J. Bedor, Deputy Public Defender, Salem, filed the brief for appellant.

Dave Frohnmayer, Attorney General, Virginia L. Linder, Solicitor General, and Michael M. Pacheco, Assistant Attorney General, Salem, filed the brief for respondent.

Before Richardson, Presiding Judge, and Joseph, Chief Judge, and Deits, Judge.


PER CURIAM

Reversed and remanded.


In this habeas corpus action, defendant concedes that plaintiffs denial of the key factual allegations in defendant's return created a material factual dispute and that the replication alleged facts which, if true, constitute a denial of plaintiff's constitutional rights for which there is no other available adequate remedy. The trial court, therefore, erred in granting defendant's motion to strike and in entering final judgment for defendant. We accept the concessions.

Reversed and remanded.


Summaries of

Kirkland v. Zenon

Oregon Court of Appeals
Nov 27, 1991
820 P.2d 1375 (Or. Ct. App. 1991)
Case details for

Kirkland v. Zenon

Case Details

Full title:LARRY E. KIRKLAND, Appellant, v. Carl ZENON, Respondent

Court:Oregon Court of Appeals

Date published: Nov 27, 1991

Citations

820 P.2d 1375 (Or. Ct. App. 1991)
820 P.2d 1375