Behrle v. Taylor

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Post-Conviction Relief
  • Date Filed: 02-08-2017
  • Case #: A161724
  • Judge(s)/Court Below: Egan, P.J. for the Court; & Shorr, J.
  • Full Text Opinion

ORS 138.650(1) does not grant either party an additional 10 days after the 30-day period has expired to file notice of cross-appeal.

Petitioner seeks reconsideration of the Appellate Commissioner’s order dismissing petitioner’s cross-appeal as untimely. On appeal, Petitioner argued that the provisions of ORS 138.071(3) or those in ORS 19.255(3) (granting a party in a civil case 10 additional days to le a notice of cross-appeal after the expiration of the 30-day appeal period) apply to post-conviction appeals. Defendant, superintendent of the correctional institute in which Petitioner was confined filed a notice of appeal 29 days after entry of the judgment. Within 10 days after the expiration of the 30-day appeal period, petitioner filed a notice of cross-appeal. The time to file a post-conviction appeal is governed solely by ORS 138.650(1). ORS 138.650(1) does not grant either party an additional 10 days after the 30-day period has expired to file notice of cross-appeal. Therefore, Petitioner's notice of cross-appeal was not timely filed. Petition for reconsideration allowed; order of dismissal adhered to. 

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