Hinton v. Hill

In our former opinion in this case, we held that the post-conviction court erred by granting petitioner post-conviction relief without vacating her convictions. Hinton v. Hill, 197 Or App 238, 105 P3d 923 (2005). We concluded that, under ORS 138.530(l)(a), post-conviction relief was available to petitioner only if her convictions were void and, therefore, relief could not be granted without vacating the convictions. The state has petitioned for reconsideration, arguing that our conclusion is inconsistent with the Supreme Court’s decision in Shipman v. Gladden, 253 Or 192, 453 P2d 921 (1969).…