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BALLINGER v. NOOTH

10037948P; A146788.

295 P.3d 115 (2012)

254 Or. App. 402

Terry Alfred BALLINGER, Petitioner-Appellant, v. Mark NOOTH, Superintendent, Snake River Correctional Institution, Defendant-Respondent.

Court of Appeals of Oregon.

Decided December 27, 2012.

Attorney(s) appearing for the Case

James N. Varner filed the opening brief for appellant. Terry Ballinger filed the supplemental briefs pro se.

John R. Kroger , Attorney General, Anna M. Joyce , Solicitor General, and Matthew J. Lysne , Assistant Attorney General, filed the briefs for respondent.

Before HASELTON, Chief Judge, and NAKAMOTO, Judge.

NAKAMOTO, J.

In this action for post-conviction relief, the post-conviction court granted defendant's motion for summary judgment and entered judgment after petitioner's attorney, without notifying petitioner, informed the court that he would not file a response. Acting for himself under State v. Balfour, 311 Or. 434, 814 P.2d 1069 (1991), and ORAP 5.90, petitioner appeals the denial of his motion...

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