Peeples v. Lampert

*212LINDER, J.

In this post-conviction case, the trial court dismissed the petition for relief as a sanction for petitioner’s refusal to participate in a scheduled deposition. On appeal, petitioner argued that the trial court erred by failing to make special findings to support the dismissal, as required by Pamplin v. Victoria, 319 Or 429, 877 P2d 1196 (1994). A panel of the Court of Appeals divided on whether that challenge must be preserved to be raised on appeal. Peeples v. Lampert, 209 Or App 17, 25-26, 146 P3d 352 (2006) (preservation rules apply); id. at 29-30 (Ortega, J., dissenting) (under…