Court of Appeals of Oregon, 1991

Umtuch v. Board of Parole

Umtuch v. Board of Parole
Court of Appeals of Oregon · Decided October 30, 1991 · Deits, Joseph, Richardson
109 Or. App. 481; 818 P.2d 1300; 1991 Ore. App. LEXIS 1601

Umtuch v. Board of Parole

Opinion of the Court

PER CURIAM

In this habeas corpus action,1 the trial court, on its own motion after the writ was issued, dismissed it before defendant had filed a return. The state has conceded by a letter waiving its appearance that that was error. Bird v. Maass, 104 Or App 271, 800 P2d 792 (1990). We accept the concession.

Reversed and remanded for a new trial.

There are 2 appellate case numbers, because 2 notices of appeal were filed by different counsel.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.