Ware v. Hall

In this post-conviction case, the trial court entered judgment dismissing the post-conviction petition with prejudice the same day that the petition was filed. The Court of Appeals affirmed the trial court’s judgment without opinion. Ware v. Hall, 204 Or App 457, 130 P3d 808 (2006). Because we conclude that the trial court erred in dismissing the petition with prejudice, we reverse the Court of Appeals decision and the trial court’s judgment and remand for further proceedings.

We take the facts from the allegations in the post-conviction petition. In 2002, a jury convicted petitioner of…