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Oregon Supreme Ct - Oct 20, 2016

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by: Sara Werboff • October 21, 2016 • no comments

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*State Habeas Corpus - An Inmate Transferred Out of State has the Right to Challenge Conditions of Confinement in Oregon
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'''State Habeas Corpus - An Inmate Transferred Out of State has the Right to Challenge Conditions of Confinement in Oregon'''
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The court upholds the right of inmates convicted and sentenced under Oregon law, who were transferred pursuant to interstate compacts to out of state prisons, to assert that their rights under the Oregon and federal constitution have been violated in an Oregon state habeas proceeding. 
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The court holds that Oregon law permits out-of-state prisoners to challenge the conditions of their confinement through a state habeas corpus proceeding.  A transferred inmate retains the right to challenge unconstitutional conditions in a habeas proceeding under the Oregon constitution, even when he is housed in a different state, when, as here, he has alleged that the state violated his rights by transferring him to a place where his confinement violated Oregon law.  Finally, because Oregon retains jurisdiction over transferred prisoners, the proper defendant is the Oregon superintendent.
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[http://www.publications.ojd.state.or.us/docs/S063743.pdf Barrett v. Peters], 360 Or 445 (2016) (Walters, J.)
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[http://www.publications.ojd.state.or.us/docs/S063743.pdf Taylor v. Peters], 360 Or 460 (2016) (Walters, J.)
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{{wl-publish: 2016-10-21 11:10:31 -0700 | Sara.f.werboff@opds.state.or.us:Sara  Werboff  }}

Latest revision as of 11:10, October 22, 2016

State Habeas Corpus - An Inmate Transferred Out of State has the Right to Challenge Conditions of Confinement in Oregon

The court upholds the right of inmates convicted and sentenced under Oregon law, who were transferred pursuant to interstate compacts to out of state prisons, to assert that their rights under the Oregon and federal constitution have been violated in an Oregon state habeas proceeding.

The court holds that Oregon law permits out-of-state prisoners to challenge the conditions of their confinement through a state habeas corpus proceeding. A transferred inmate retains the right to challenge unconstitutional conditions in a habeas proceeding under the Oregon constitution, even when he is housed in a different state, when, as here, he has alleged that the state violated his rights by transferring him to a place where his confinement violated Oregon law. Finally, because Oregon retains jurisdiction over transferred prisoners, the proper defendant is the Oregon superintendent.

Barrett v. Peters, 360 Or 445 (2016) (Walters, J.)

Taylor v. Peters, 360 Or 460 (2016) (Walters, J.)