Holland v. Gladden

The warden of the state penitentiary appeals from a judgment in favor of the prisoner in a post-conviction proceeding. The prisoner has moved to dismiss the appeal on the ground that service of the notice thereof was made upon his attorney only, and not upon himself as required in the case of an appeal by the state in a criminal action. ORS 138.110; State v. Garrett, 72 Adv Sh 1041, 228 Or 1, 363 P2d 762.

While the remedies available to convicts under the Post-Conviction Hearing Act (ORS 138.510 to 138.680) ordinarily involve questions of criminal law, these remedies essentially augment…