Hunter v. Maass

This is a tale of two brothers who, as co-defendants, were both convicted of first degree robbery. One brother appealed his conviction on the ground that the trial court erred when it denied his motion to suppress evidence obtained as a result of an illegal search. That appeal was successful; we reversed and remanded for a new trial. State v. Hunter, 86 Or App 697, 740 P2d 234, rev dismissed 304 Or 436 (1987). The other brother did not appeal and he remains in prison. He now seeks post-conviction relief.

The post-conviction petition is based on three grounds: first, his imprisonment was…