Morrical v. Zenon

Petitioner filed 55 claims for post-conviction relief. The post-conviction court dismissed the claims, finding that the petition was frivolous and filed in bad faith. The court awarded attorney fees to defendant under ORCP 17 C (1993)1 and ORS 20.105(1). Petitioner assigns error only to the award of fees, arguing that the court failed to make the analysis of bad faith under ORS 20.105 required by Mattiza v. Foster, 311 Or 1, 10, 803 P2d 723 (1990).

However, even if petitioner is correct that the court failed to make sufficient findings under ORS 20.105, it also cited ORCP 17 C (1993) as a…