MYRICK v. ARMENAKIS, 180 Or. App. 609 (2002)

43 P.3d 1155

RAYMOND E. MYRICK, JR., Appellant, v. NICHOLAS ARMENAKIS, Superintendent, Oregon State Correctional Institution, Respondent.

97C-10148; A100198Oregon Court of Appeals.Submitted on remand July 13, 2000. Argued on remand March 4, 2002.
Filed: April 10, 2002

On remand from the Oregon Supreme Court, Myrick v. Armenakis, 330 Or. 560, 6 P.3d 1101 (2000).

Appeal from Circuit Court, Marion County. Joseph V. Ochoa, Judge.

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.

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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 inPeek v. Thompson, 160 Or. App. 260, 980 P.2d 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 Hamelv. Johnson, 173 Or. App. 448, 25 P.3d 314 (2001).

Reversed and remanded.

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