Hernandez v. Thrasher

Summary

The Oregon Supreme Court granted Natalia Joanne Hernandez's petition for habeas corpus and ordered her immediate discharge from custody. The court held, consistent with Arellano-Sanchez v. Thrasher, that ORS 144.350 did not authorize the Oregon Department of Corrections to issue an order for her arrest and return while a motion to correct her judgment remained pending. The court also directed the State Court Administrator to issue the appellate judgment immediately and denied attorney fees because the state's position was not frivolous.

Holdings

1. ORS 144.350 did not authorize the Department of Corrections to issue the order for plaintiff's arrest and return under the circumstances presented.
2. Because plaintiff's present imprisonment was unlawful, the court ordered defendant to discharge her immediately.

Questions Presented

1. Whether ORS 144.350 authorized the Department of Corrections to issue an order for plaintiff's arrest and return under the circumstances.
2. Whether plaintiff's resulting imprisonment was unlawful and required immediate discharge through habeas corpus.

Disposition

writ_granted