HARDING v. HALL

A128595; CV05-0495.

152 P.3d 987 (2007)

210 Or. App. 753

Isaac S. HARDING, Appellant, v. Guy HALL, Superintendent, Two Rivers Correctional Institution, Respondent.

Court of Appeals of Oregon.

Decided February 7, 2007.


Attorney(s) appearing for the Case

Jesse Wm. Barton argued the cause and filed the brief for appellant.

Kathleen Cegla, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before EDMONDS, Presiding Judge, and WOLLHEIM, Judge, and RICHARDSON, Senior Judge.


PER CURIAM.

Petitioner appeals after the post-conviction court dismissed his petition sua sponte on the ground that it was not timely filed. Petitioner argues, among other things, that, because he filed his petition pro se and was not given a hearing, the trial court erred in dismissing his petition with prejudice. We agree with petitioner and reverse and remand.

The judgment dismissing the petition does not identify a source of authority for...

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