Behrle v. Taylor

Petitioner seeks reconsideration of the Appellate Commissioner’s order dismissing petitioner’s cross-appeal as untimely. The issue is whether a party to a post-conviction case may file a notice of cross-appeal after expiration of the 30-day appeal period described in ORS 138.650 but within the additional 10-day period provided in ORS 138.071(3). We conclude that ORS 138.071(3) is not applicable to post-conviction appeals and adhere to the order of dismissal.

The material facts are procedural and undisputed. The post-conviction court entered a judgment granting relief on some, but not all, of…