Bates v. Czerniak

Plaintiff appeals from a judgment dismissing his petition for a writ of habeas corpus. ORS 34.310 - 34.730. Because we hold that the trial court did not commit error apparent on the face of the record when it failed to, sua sponte, treat plaintiffs petition for a writ of habeas corpus as a petition for post-conviction relief, we affirm.

The relevant facts are undisputed. In September 2001, plaintiff filed a petition for a writ of habeas corpus. The petition alleged that his 1987 guilty plea was “not knowingly, intelligently, and voluntarily made” because he was misled by his trial counsel and…