Neill v. Baldwin

Petitioner appeals from a judgment dismissing his petition for post-conviction relief. We affirm.

On April 8, 1993, while incarcerated at the Snake River Correctional Institution, petitioner filed a petition for a writ of habeas corpus in Malhuer County Circuit Court alleging that his conviction is void under Article VII (Amended), section 5(2), of the Oregon Constitution, because the indictment was returned by a grand jury consisting of fewer than seven members.1 The court issued an order to show cause and appointed an attorney to represent him. One week later, on defendant’s motion, the…