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PEEPLES v. LAMPERT

(CC 02011658M, CA A122837 (Control)), (CC03C-21423; CA A125027; SC S054437).

191 P.3d 637 (2008)

345 Or. 209

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

Supreme Court of Oregon, En Banc.

Decided August 14, 2008.

Attorney(s) appearing for the Case

Patrick M. Ebbett, Chilton, Ebbett & Galli, LLC, Portland, argued the cause and filed the briefs for petitioner on review.

Robert M. Atkinson, Assistant Attorney General, Salem, argued the cause for respondent on review. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Walter J. Ledesma, Woodburn, filed a brief on behalf of amicus curiae Oregon Trial Lawyers Association.

LINDER, J.

In this post-conviction case, the trial court dismissed the petition for relief as a sanction for petitioner's refusal to participate in a scheduled deposition. On appeal, petitioner argued that the trial court erred by failing to make special findings to support the dismissal, as required by Pamplin v. Victoria, 319 Or. 429, 877 P.2d 1196 (1994). A panel of the Court of Appeals divided...

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