Umtuch v. Board of Parole

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. Footnotes [1] There are 2 appellate case numbers, because 2 notices of appeal were filed by different counsel.