DELZELL v. COURSEY

CV120716; A151983.

310 P.3d 1202 (2013)

258 Or. App. 674

Joel Eugene DELZELL, Petitioner-Appellant, v. Rick COURSEY, Superintendent, Eastern Oregon Correctional Institution, Defendant-Respondent.

Court of Appeals of Oregon.

Decided September 25, 2013.


Attorney(s) appearing for the Case

Joel Eugene Delzell filed the brief pro se.

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Ryan Kahn , Assistant Attorney General, filed the brief for respondent.

Before Ortega, Presiding Judge, and Sercombe, Judge, and Hadlock, Judge.


PER CURIAM.

Petitioner appeals a judgment dismissing his petition for post-conviction relief, arguing that the court erred in dismissing his petition without first ruling on his motion to appoint counsel. The state concedes that the court should have ruled on petitioner's motion to appoint counsel before dismissing the petition.

Despite the state's concession of error, we dismiss petitioner's appeal because, under ORS 138.525(3), "a judgment dismissing a meritless...

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