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MILLER v. BALDWIN

CV97-0197; A112032

32 P.3d 234 (2001)

176 Or. App. 500

Gerald Wesley MILLER, Appellant, v. G.H. BALDWIN, Superintendent, Eastern Oregon Correctional Institution, Respondent.

Court of Appeals of Oregon.

Decided September 12, 2001.

Attorney(s) appearing for the Case

Harrison Latto for motion.

Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Timothy A. Sylwester, Assistant Attorney General, contra.

Before BREWER, Presiding Judge, and DEITS, Chief Judge, and ARMSTRONG, Judge.

On appellant's motion for leave to file a notice of appeal after time limits filed January 25, 2001.

BREWER, P.J.

Petitioner has filed a motion for a delayed appeal from a judgment denying his petition for post-conviction relief. He asserts that his post-conviction counsel's (counsel) failure to file a timely notice of appeal violated his statutory right to suitable counsel. ORS 138.590. He argues that the reasoning of State ex rel. Juv. Dept. v. Geist...

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