Gilderson v. Taylor

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Post-Conviction Relief
  • Date Filed: 12-28-2017
  • Case #: A161248
  • Judge(s)/Court Below: Lagesen, P.J. for the Court; DeVore, J.; & James, J.
  • Full Text Opinion

Pursuant to ORS 138.525(2)-(3), a judgment dismissing a post-conviction petition for failure to state a claim is a dismissal of the petition as meritless, rendering the judgment not appealable.

Petitioner appealed a judgment dismissing his petition for post-conviction relief with prejudice. Based on an affidavit filed by petitioner’s counsel stating she had "concluded that the petition could not be construed to state a ground for relief and also that it could not be amended to do so," the post-conviction relief court dismissed for failure to state a claim. Pursuant to ORS 138.525(2)-(3), a judgment dismissing a post-conviction petition for failure to state a claim is a dismissal of the petition as meritless, rendering the judgment not appealable. Since Petitioner’s petition was dismissed by the post-conviction court for failure to state a claim for relief, the Court of Appeals concluded it was not appealable and did not reach the merits of Petitioner’s arguments. Appeal dismissed.

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