WILLABY v. Palmateer

• Decision Date: 24 May 2000
• Citation: 999 P.2d 1229,167 Or. App. 513
• Parties: Michael WILLABY, Appellant, v. Joan PALMATEER, Superintendent, Oregon State Penitentiary, Respondent.
• Court: Oregon Court of Appeals

999 P.2d 1229

167 Or. App. 513

Michael WILLABY, Appellant, v. Joan PALMATEER, Superintendent, Oregon State Penitentiary, Respondent.

(98C-21093; CA A105205)

Court of Appeals of Oregon.

Submitted on Record and Briefs April 24, 2000.

Decided May 24, 2000.

Liza J. Langford, Portland, filed the brief for appellant.

Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Kelly Knivila, Assistant Attorney General, filed the brief for respondent.

Before LANDAU, Presiding Judge, and ARMSTRONG and BREWER, Judges.

PER CURIAM.

Petitioner appeals a judgment dismissing, sua sponte, his petition for habeas corpus relief. The state concedes that the trial court erred in dismissing the petition and contends that the judgment should be reversed and the case remanded for further proceedings. We accept the state's concession.

Reversed and remanded for further proceedings.