Schelin v. Maass

The state, which prevailed in this appeal from the denial of post-conviction relief, ORS 138.510 et seq, petitioned to recover various costs, including a filing fee of $60, ORS 20.310(2); ORS 21.020(2); costs of printing respondent’s brief, ORS 20.310(1); ORAP 13.05(6)(a); and a prevailing party fee of $100, ORS 20.190(l)(a). Petitioner objects, asserting that such costs are not recoverable in an appeal from the allowance or denial of post-conviction relief. We conclude that the state is not entitled to recover an appearance fee, but is entitled to recover the cost of printing its brief and a…