Legal Opinion

Zimmerman v. State

Court of Appeals of Oregon

Decided November 26, 2003No. 01-2252; A117732PublishedCited by 5 opinions

1Opinion of the CourtBrewer, J.

Petitioner appeals from a judgment dismissing this action for post-conviction relief on the ground that he is a fugitive from justice. Petitioner asserts that the post-conviction court lacked authority to dismiss the action based on the “fugitive dismissal rule,” which, he asserts, authorizes only the dismissal of appeals. Petitioner also argues that, even if the court had such authority, it abused its discretion in dismissing this action. We affirm.

The following facts are undisputed. On June 10, 1999, petitioner was convicted in Clatsop County Circuit Court of third-degree robbery. The court…

2Cases cited12 opinions

  1. Ortega-Rodriguez v. United StatesSupreme Court of the United States · 1993
  2. Ortwein v. SchwabSupreme Court of the United States · 1973
  3. Ortwein v. SchwabOregon Supreme Court · 1972
  4. State v. BroomOregon Supreme Court · 1927
  5. State v. LundahlCourt of Appeals of Oregon · 1994

7 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Halverson v. HardcastleNevada Supreme Court · 2007
  2. State v. G. N.Court of Appeals of Oregon · 2009
  3. Laack v. BotelloCourt of Appeals of Oregon · 2021
  4. Lujan v. State of OregonCourt of Appeals of Oregon · 2021
  5. In the Matter of GnCourt of Appeals of Oregon · 2009

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