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CARIVEAU v. HALL

CV051564; A135408 (Control), A138355.

228 P.3d 641 (2010)

234 Or. App. 403

Brett Joseph CARIVEAU, Petitioner-Appellant, v. Guy HALL, Superintendent, Two Rivers Correctional Institution, Defendant-Respondent.

Court of Appeals of Oregon.

Decided March 24, 2010.

Attorney(s) appearing for the Case

In A135408, appellant filed the brief pro se. In A138355, Erin Galli and Chilton & Galli, LLC, filed the opening brief for appellant; appellant filed the supplemental brief pro se.

In A135408, Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Justice J. Rillera, Assistant Attorney General, filed the brief for respondent; on the supplemental brief were John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Justice J. Rillera, Assistant Attorney General. In A138355, John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Justice J. Rillera, Assistant Attorney General, filed the brief for respondent.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and ROSENBLUM, Judge.

HASELTON, P.J.

Petitioner appeals, challenging (1) the trial court's judgment denying post-conviction relief and (2) the court's order denying petitioner's subsequent motion under ORCP 71 B(1) to set aside that judgment.1 We affirm, without discussion, the judgment denying post-conviction relief, but, for the reasons that follow, we reverse and remand to the trial court to reconsider petitioner...

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