Rankin v. Landers

The writ of habeas corpus is appropriate for challenging pretrial detention, including the denial or amount of bail. See Collins v. Foster, 299 Or 90 (1985); Haynes v. Burks, 290 Or 75, 77 n 1, (1980) (both considering denial of pretrial release on writ of habeas corpus).

Petitioner appealed a dismissal of their writ of habeas corpus. The trial court denied the writ as meritless under ORS 34.370(2)(b)(A). The state argued that the petition was meritless because the Oregon Constitution permits detention without bail if there is clear and convincing evidence of danger to the public. On appeal, the Court reviewed the merit of the writ under ORCP 21 A(8) by construing the facts in the light most favorable to the Petitioner. The Court considers the merits of the petition liberally to determine if relief may be granted. ORS 34.370(2)(b)(A). The writ of habeas corpus is appropriate for challenging pretrial detention, including the denial or amount of bail. See Collins v. Foster, 299 Or 90 (1985); Haynes v. Burks, 290 Or 75, 77 n 1, (1980) (both considering denial of pretrial release on writ of habeas corpus). The Court held that the petition did state such a legal claim to have bail reviewed as the Court has consistently allowed. Reversed and Remanded.