Myrick v. Armenakis

FILED: April 10, 2002

IN THE COURT OF APPEALS OF THE STATE OF OREGON

RAYMOND E. MYRICK, JR.,

Appellant,

v.

NICHOLAS ARMENAKIS,
Superintendent,
Oregon State Correctional Institution,

Respondent.

97C-10148; A100198

On remand from the Oregon Supreme Court, Myrick v. Armenakis, 330 Or 560, 6 P3d 1101 (2000).

Appeal from Circuit Court, Marion County.

Joseph V. Ochoa, Judge.

Submitted on remand July 13, 2000.

Argued on remand March 4, 2002.

Rebecca R. Davis argued the cause and filed the brief for appellant.

Kelly Knivila, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before Edmonds, Presiding Judge, and Landau and Haselton, Judges.

PER CURIAM

Reversed and remanded.

PER CURIAM

Plaintiff appeals from the trial court's dismissal of his petition for a writ of habeas corpus. The crimes for which he is incarcerated took place during the time period when the administrative rule discussed in Peek v. Thompson, 160 Or App 260, 980 P2d 178, rev dismissed 329 Or 553 (1999), was in effect. We therefore reverse and remand with instructions for the trial court to consider plaintiff's arguments in light of Peek and in light of the standard of review enunciated in Hamel v. Johnson, 173 Or App 448, 25 P3d 314 (2001).

Reversed and remanded.