Bird v. Maass

Full title: RICK BIRD, Appellant, v. Manfred MAASS, Respondent

Court: Oregon Court of Appeals

Date published: Nov 7, 1990

800 P.2d 794 (Or. Ct. App. 1990)

800 P.2d 794

Opinion

90C-10636; CA A64584

Submitted on record and briefs September 17, 1990.

Reversed and remanded for further proceedings November 7, 1990

Appeal from Circuit Court, Marion County, C. Gregory West, Judge.

Elaine B. Oliver, and Swaim Betterton, P.C., Salem, filed the brief for appellant.

Dave Frohnmayer, Attorney General, Virginia L. Linder, Solicitor General, and Ann Kelley, Assistant Attorney General, Salem, filed the brief for respondent.

Before Buttler, Presiding Judge, and Newman and Deits, Judges.

PER CURIAM

Reversed and remanded for further proceedings not inconsistent with this opinion.

PER CURIAM

Plaintiff appeals the dismissal of a writ of habeas corpus, arguing that the court erred in dismissing the writ after it had been issued. We reverse and remand for the reasons stated in a similar case involving the same parties. Bird v. Maass (A64583), 104 Or. App. 271, 800 P.2d 792 (1990).

Reversed and remanded for further proceedings not inconsistent with this opinion.