ALLEN v. PALMATEER

00C14551, A125096.

182 P.3d 255 (2008)

219 Or. App. 221

Earl ALLEN III, Petitioner-Appellant, v. Joan PALMATEER, Superintendent, Oregon State Penitentiary, Defendant-Respondent.

Court of Appeals of Oregon.

Decided April 9, 2008.


Attorney(s) appearing for the Case

Erin K. Galli argued the cause for appellant. With her on the brief was Chilton, Ebbett & Rohr, LLC.

Erin C. Lagesen, 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 HASELTON, Presiding Judge, and ARMSTRONG and ROSENBLUM, Judges.


PER CURIAM.

Petitioner appeals a judgment denying his petition for post-conviction relief, arguing, among other things, that the court erred in denying him an opportunity to testify in support of his claims for relief. We agree with petitioner that the court erred in refusing to allow petitioner to testify and, hence, do not reach petitioner's other claims of error. We therefore reverse and remand the judgment that dismissed petitioner's post-conviction claims.

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