Freeman v. Gladden

This is an appeal from an order sustaining the state’s demurrer to plaintiff’s petition for post-conviction relief under OES 138.510 to 138.680.

Petitioner prayed for a new trial on the ground that she had been deprived of her constitutional rights under both the United States and Oregon Constitutions. The lower court sustained the demurrer to the petition upon the basis that the grounds for relief set forth in the petition had been asserted or could reasonably have been asserted in the direct appeal from the conviction. State v. Freeman, 232 Or 267, 374 P2d 453 (1962), certiorari denied 373…