Delzell v. Coursey

Petitioner appeals a judgment dismissing his petition for post-conviction relief, arguing that the court erred in dismissing his petition without first ruling on his motion to appoint counsel. The state concedes that the court should have ruled on petitioner’s motion to appoint counsel before dismissing the petition.

Despite the state’s concession of error, we dismiss petitioner’s appeal because, under ORS 138.525(3), “a judgment dismissing a meritless petition is not appeal-able.” See Young v. Hill, 347 Or 165, 218 P3d 125 (2009) (dismissal of petition as meritless is not appealable under ORS…