Dillard v. Premo

Petitioner filed a petition for post-conviction relief. The trial court, without holding a hearing, dismissed the petition with prejudice for failure to state a claim. Petitioner appealed the trial court’s judgment, arguing that the trial court erred in (1) dismissing his petition for failure to state a claim and (2) in dismissing the petition with prejudice. See ORS 138.525(4) ("A dismissal is without prejudice if a mer-itless petition is dismissed without a hearing and the petitioner was not represented by counsel.”); Ware v. Hall, 342 Or 444, 453, 154 P3d 118 (2007) (“[NJothing suggests…