Petersen v. Cook

Plaintiff appeals the trial court’s judgment requiring him to pay $992.50 for the cost of his court-appointed attorney in the underlying habeas corpus proceeding. The trial court imposed that judgment for costs pursuant to ORS 161.665. 1 With two exceptions, this case is indistinguishable from Alexander v. Johnson, 164 Or App 235, 990 P2d 929 (1999). First, this case arises from a habeas corpus proceeding rather than a post-conviction proceeding; however, that difference does not alter our analysis of the applicable statutes. Second, in our judgment affirming the trial court’s dismissal of…