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ROSS v. FRANKE

CV100653; A147989.

297 P.3d 486 (2013)

254 Or. App. 650

Jeffrey S. ROSS, Petitioner-Appellant, v. Steve FRANKE, Superintendent, Two Rivers Correctional Institution, Defendant-Respondent.

Court of Appeals of Oregon.

Decided January 30, 2013.

Attorney(s) appearing for the Case

James N. Varner filed the brief for the appellant.

John R. Kroger , Attorney General, Anna M. Joyce , Solicitor General, and Patrick M. Ebbett , Assistant Attorney General, filed the brief for the respondent.

Before ARMSTRONG, Presiding Judge, and DUNCAN, Judge, and BREWER, Judge pro tempore.

DUNCAN, J.

Petitioner appeals from a judgment dismissing his formal petition for postconviction relief with prejudice. Petitioner contends that the post-conviction court erred when it granted the state's motion to dismiss his petition for failing to attach "[a]ffidavits, records or other documentary evidence supporting the allegations of the petition," as required by ORS 138.580. We hold that, because petitioner failed to attach any documentary evidence supporting...

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