Dismissal of meritless petition
(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 (Persons who may file petition for relief) to 138.680 (Short title).
(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 (Appeal), 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]
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.