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ELLETT v. COURSEY

CV110921; A150832.

304 P.3d 809 (2013)

257 Or. App. 361

Matthew Calvino ELLETT, Petitioner-Appellant, v. Rick COURSEY, Superintendent, Eastern Oregon Correctional Institution, Defendant-Respondent.

Court of Appeals of Oregon.

Decided June 26, 2013.

Attorney(s) appearing for the Case

James N. Varner filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Jeff J. Payne , Assistant Attorney General, filed the brief for respondent.

Before ARMSTRONG, Presiding Judge, and NAKAMOTO, Judge, and EGAN, Judge.

PER CURIAM.

Petitioner appeals a judgment dismissing his petition for post-conviction relief for failing to attach "[a]ffidavits, records or other documentary evidence supporting the allegations of the petition," as required by ORS 138.580. Petitioner contends that he attached sufficient supporting documentation to his petition. The state concedes that the petition and supporting documentation satisfied the requirements of ORS 138.580 as explained in Ogle v. Nooth...

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