Eldridge v. Zenon

Petitioner appeals from a judgment in a post-conviction proceeding that granted summary judgment to defendant and dismissed the petition with prejudice. We reverse and remand.

Petitioner pleaded guilty to one count of first-degree theft and one count of unlawful possession of a controlled substance. He subsequently filed a petition for post-conviction relief alleging that the indictment on the charges violated Article VII, section 5, of the Oregon Constitution because fewer than seven jurors were present when the indictment was returned. Petitioner also alleged that his trial attorney “misled…