1. Home
  2. Browse Decisions
  3. P.3d
  4. 403 P.3d
  5. 403 P.3d 746 (2017)
 

DILLARD v. PREMO

CC 10C22490 SC S064028.

403 P.3d 746 (2017)

362 Or. 41

Carvel Gordon DILLARD, Petitioner on Review, v. Jeff PREMO, Superintendent, Oregon State Penitentiary Respondent on Review.

Supreme Court of Oregon.

October 19, 2017.

Attorney(s) appearing for the Case

Jed Peterson , O'Connor Weber LLC, Portland, argued the cause and filed the brief for the petitioner on review.

Erin K. Galli , Assistant Attorney General, Salem, argued the cause and filed the brief for the respondent on review. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Before Balmer, Chief Justice, and Kistler, Walters, Landau, Nakamoto, and Flynn, Justices.

ORS 138.525 governs the dismissal of meritless post-conviction petitions. ORS 138.525(4) requires that a dismissal be "without prejudice" if a meritless petition is dismissed without a hearing. In this case, the post-conviction court failed to conduct a hearing, but nevertheless dismissed the case "with prejudice." Petitioner appealed...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases