Dawson v. Nooth

*840Petitioner appeals a judgment dismissing his petition for post-conviction relief. In response, defendant, the superintendent of the Snake River Correctional Institution, asserts that ORS 138.525(3) bars this appeal because, in the superintendent's view, the post-conviction court dismissed the petition as "meritless" within the meaning of that provision. See ORS 138.525(3) ("Notwithstanding ORS 138.650, a judgment dismissing a meritless petition is not appealable."). Because the judgment and the record are not clear as to the basis of the court's dismissal, and because our appellate…