Morasch v. State

Petitioner sought post-conviction review of a 1932 misdemeanor conviction. On the state’s motion, his petition for post-conviction relief was stricken in the circuit court. Pursuant to ORS 138.660 ① the Court of Appeals dismissed petitioner’s appeal without a hearing on the authority of Rupp v. State, 1 Or App 521, 463 P2d 604 (1970); review denied 1970. We granted review to consider the availability of post-conviction relief in misdemeanor cases after the sentence has been served and the petitioner released from custody.

In Rupp the Court of Appeals held that a post-conviction proceeding was…