Rutherford v. City of Klamath Falls

This is an appeal under the Post-Conviction Hearing Act, ORS 138.650, from a circuit court denial of relief from a conviction and sentence for a violation of the Klamath Falls municipal ordinance prohibiting disorderly conduct.

ORS 138.510(1) provides that a petition for post-conviction relief may be filed by one convicted “* * * of a crime under the laws of this state * * The threshold question of this case is one of first impression ① : whether violation of the municipal ordinance is a crime under the laws of this state as that phrase is used in the Post-Conviction Hearing Act.

An excellent…