Holmes v. Hall

Petitioner in this post-conviction proceeding appeals the trial court’s dismissal of his petition with prejudice on the ground that petitioner named the wrong defendant and filed the petition in the wrong court. Defendant concedes that the trial court erred in both respects. We conclude that defendant’s concession is well-founded. Consequently, we reverse and remand.

Petitioner’s petition concerns his conviction for a misdemeanor in Clatsop County. At the time he filed his petition, he was incarcerated in Marion County on a different conviction. He filed his petition in Marion County, naming…