Young v. Hill

This post-conviction case requires us to determine whether ORS 138.525, which governs meritless petitions for post-conviction relief, requires petitioner’s appeal to be dismissed. That statute provides:

“(1) The court may, on its own motion or on the motion of the defendant, enter a judgment denying a meritless petition brought under ORS 138.510 to 138.680.

“(2) As used in this section, ‘meritless petition’ means one that, when liberally construed, fails to state a claim upon which post-conviction relief may be granted.

“(3) Notwithstanding ORS 138.650, a judgment dismissing a meritless petition…