(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 is not appealable.
(4) A dismissal is without prejudice if a meritless petition is dismissed without a hearing and the petitioner was not represented by counsel. [1993 c.517 §3]
Section: Previous 138.440 138.480 138.490 138.500 138.504 138.510 138.520 138.525 138.527 138.530 138.540 138.550 138.560 138.570 138.580 NextLast modified: August 7, 2008