PEEPLES v. LAMPERT

02-01-1658M; A122837 (Control); 03-C21423; A125027.

146 P.3d 352 (2006)

209 Or. App. 17

Jason J. PEEPLES, Appellant, v. Robert LAMPERT, Superintendent, Snake River Correctional Institution, Respondent. Jason Peeples, Appellant v. Brian Belleque, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided November 1, 2006.


Attorney(s) appearing for the Case

Patrick M. Ebbett argued the cause for appellant. With him on the briefs was Chilton, Ebbett & Rohr, LLC.

Susan G. Howe, Senior Assistant Attorney General, argued the cause for respondents. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before ORTEGA, Presiding Judge, and BREWER, Chief Judge, and LANDAU, Judge.


LANDAU, J.

Petitioner appeals a judgment dismissing his second petition for post-conviction relief as a sanction for his refusal to participate in a scheduled deposition. ORCP 46 B, D. He argues that the court failed to make the required findings in support of such a sanction and that, in any event, the court's choice of dismissal as a sanction was unjustified. We affirm.

Because the post-conviction court's decision arose, in part, from petitioner's conduct...

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