West v. Fheure

• Court: Oregon Court of Appeals
• Area(s) of Law: Post-Conviction Relief
• Date Filed: 01-30-2024
• Case #: A178313
• Judge(s)/Court Below: Lagusen, Chief Judge; Hellman, Judge; DeVore, Senior Judge.
• Full Text Opinion

"To that end, we reaffirm our prior holding in Baker that “the common law writ of habeas corpus has not been a remedy available to a person who is no longer in custody.” 325 Or App at 639."

In a post-conviction relief petition, Petitioner filed the petition for relief 30 years after the date of conviction, while on released from custody on parole. Petitioner assigned error to the Post-Conviction court’s dismissal of the petition as untimely. Petitioner argued that applying the deadline established by ORS 138.510(4) violated his right to habeas corpus. The Oregon Court of Appeals upheld the dismissal. The court reasoned that because Petitioner was no longer in custody he did not have a claim to habeas corpus. Affirmed.

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