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YOUNG v. HILL

(CC 06125536P; CA A135732, SC S056820).

218 P.3d 125 (2009)

347 Or. 165

Elton Jon YOUNG, Petitioner on Review, v. Jean HILL, Superintendent, Snake River Correctional Institution, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided October 1, 2009.

Attorney(s) appearing for the Case

James N. Varner, Newberg, argued the cause and submitted the briefs for petitioner on review.

Erin C. Lagesen, Assistant Attorney General, Salem, argued the cause for respondent on review. With her on the brief were John Kroger, Attorney General, and Jerome Lidz, Solicitor General.

LINDER, J.

This post-conviction case requires us to determine whether ORS 138.525, which governs meritless petitions for post-conviction relief, requires petitioner's appeal to be dismissed. That statute provides:

"(1) The court may, on its own motion or on the motion of the defendant, enter a judgment denying a meritless petition brought under ORS 138.510 to 138.680. "(2) As used in this section, `meritless petition' means one that, when liberally...

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